January 2013 Monthly Opinion

Daubert, Jerry Edward v. State, COCA Case No. F-2012-26 (January 31, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects that sentences were ordered to run concurrently.

Miller, Dennis Lynn v. State, COCA Case No. F-2011-877 (January 7, 2013)
(Evidence, Sufficiency) Count of A&B with Dangerous Weapon reversed with instructions to dismiss - shoving someone into a dresser (causing bruising at most) did not make the dresser a "dangerous weapon."

State v. Gonzales-Tello, Moises , COCA Case No. S-2012-166 (January 7, 2013)
(State Appeals; Search and Seizure) District Court suppression of evidence affirmed. No abuse of discretion in finding that search of vehicle was the culmination of an unreasonably protracted detention after a routine traffic stop. Court also rejects state’s argument that the exclusionary rule should not be applied to this case.

State v. Perez, Hermenegildo Vasquez, COCA Case No. S-2012-355 (January 29, 2013)
(State Appeals; Search and Seizure) State Appeal from district court suppression of evidence is denied. No probable cause for arrest that yielded evidence of drugs.