April 2012 Monthly Opinion

Burdex, Elgret Lorenzo v. State, COCA Case No. F-2010-914 (April 26, 2012)
(Sentence, Excessive) Court’s conscience shocked by life sentence for five-time felon convicted of one count of uttering a forged instrument. Sentence modified to 20 years.

Carroll, Marco Lamonte v. State, COCA Case No. F-2010-495 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

Mason, James Eugene v. State, COCA Case No. RE-2010-762 (April 6, 2012)
(Revocation/Acceleration Decisions; Sentence, Excessive) Error to revoke sentence in full without giving credit for time already served. Remanded for nunc pro tunc order correcting the amount of time revoked.

State v. Daren Levi Geyer, COCA Case No. S-2011-543 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

State v. Blair Rix Miller, COCA Case No. S-2011-545 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

State v. Nicholas Demir Say, COCA Case No. S-2011-544 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

Williams, Roy C. v. State, COCA Case No. F-2010-665 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.