August 2012 Monthly Opinion

Cleveland, Christopher D’Shun v. State, COCA Case No. F-2011-482 (August 9, 2012)
(Jury Instructions, Misleading/Confusing) Plain error found where trial court did not instruct jury that material nature of perjured statement could be considered in setting punishment. Sentence modified.

Dang, Nhanh Van and Nguyen, Nhi Thi v. State, COCA Case No. S-2012-214 (August 13, 2012)
(State Appeals) Stop of vehicle not supported by reasonable suspicion. Suppression of evidence affirmed.

Tate, Lonnie Wayne v. State, COCA Case No. F-2011-460 (August 13, 2012)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs) Convictions for Obstructing an Officer and Resisting an Officer violated double punishment. Under the facts, Obstructing (misdemeanor) was part and parcel of the felony charge of Attempting to Elude. Resisting an Officer (misdemeanor) was part and parcel of the felony A&B on a Police Officer. Speeding and running roadblocks were not subsumed by the Attempting to Elude count. Misdemeanors reversed with instructions to dismiss. Fine for speeding also modified to statutory maximum.

Tran, Huyen Ai Thi v. State, COCA Case No. F-2011-480 (August 9, 2012)
(Fines, Fees and Costs) Remanded to district court to correct judgment and sentence imposing a $250 fine which should have been $150.