December 2012 Monthly Opinion

Ciancio, Gary Patrick v. State, COCA Case No. F-2011-568 (December 7, 2012)
(Sentence, Excessive; Ineffective Assistance of Counsel; Evidence, Other Crimes) Affirmed but sentence modified due to trial counsel IAC for not objecting to other crimes evidence.

Davis, Bryce Andrew v. State, COCA Case No. F-2012-212 (December 7, 2012)
(Restitution; Abuse of Discretion) Trial court abused discretion in assessing $30,528.43 restitution; $20,383 of which was for medical expenses, the total value billed by service providers, prior to being written down by insurer’s contract and prior to insurance payment. Actual medical expenses paid by the victim was $2,267, which trial court had authority to triple. Trial court further abused discretion in ordering $3,076 in lost wages, when the State failed to establish this by preponderance of evidence. Evidence re: restitution of $5,000 for future medical expenses was too speculative and also stricken. Remanded for Modification.