February 2011 Monthly Opinion

Loftis, Embry Jay v. State, COCA Case No. F-2009-1067 (February 23, 2011)
(Sentence, Excessive; Sentence, Abuse of Discretion; Evidence, Other Crimes) Plain error found in prosecutor’s closing argument, which "improperly and unmistakably called to the jury’s attention that Appellant did not serve his full sentence on his prior conviction." Trial court abused discretion in allowing introduction of "transactional" prior felonies. Sentence modified.

Manous, Napolean Eugene v. State, COCA Case No. F-2009-959 (February 15, 2011)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Trial court misinstructed on range of punishment regarding fine. Fine modified from $500 to $200. Remanded for Order nunc pro tunc correcting J&S to reflect jury verdict requiring treatment and credit for time served.

Pearson, Rico Raynelle v. State, COCA Case Nos. RE-2009-1019 /1020 (February 22, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation in full excessive because trial court improperly considered information not relevant, violations were minor and the "new charges" were dismissed. Affirmed but revocation modified from 7 to 3 years.

Tiger, Travis Ray v. State, COCA Case No. F-2010-223 (February 16, 2011)
(Fines, Fees and Costs) Plain error to impose restitution without supporting evidence. Remanded for proper determination of restitution.

Tran, Huyen Cleveland v. State, COCA Case No. C-2009-1033 (February 28, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict of interest of counsel in representing both parties charged with child abuse/permitting child abuse, when defense would be to accuse the other. Remanded to allow withdrawal of plea.