December 2011 Monthly Opinion

Gibson, Frank Leroy v. State, COCA Case No. F-2010-651 (December 13, 2011)
(Prosecutorial Misconduct) Trial court erred in informing jury of defense counsel’s pending criminal case. Prosecutor erred in stating opinion of defendant’s guilt and vouching for state’s witness. Life sentence modified to 25 years.

Luck, Larry Gene v. State, COCA Case No. M-2010-1026 (December 1, 2011)
(Restitution) Remanded for proper determination of restitution.

McGhee, Cynthia v. State, COCA Case No. RE-2010-706 (December 1, 2011)
(Revocation/Acceleration; Restitution) Remanded for a hearing regarding ability, or lack thereof, to pay restitution and court costs.

Turner, Eugene v. State, COCA Case No. F-2010-0888 (December 9, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Application to Accelerate filed after deferred sentence had expired. Order accelerating reversed and remanded.

Vansickle, Jason Dean v. State, COCA Case No. RE-2010-304 (December 1, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court ordered revocation to be served day-for-day (one calendar year), which exceeded the trial court’s authority in revocation proceedings.

Wabaunsee, Gregory Davis v. State, COCA Case No. C-2010-940 (December 7, 2011)
(Guilty Plea Decision; Double Jeopardy/Double Punishment; Sentence, Excessive) Under the particular facts of this case Felon in Possession of Firearm and Possession of Firearm During Felony constituted double punishment.