July 2013 Monthly Opinion

Combs, Franklin Savoy v. State, COCA Case No. M-2011-1083 (July 1, 2013)
(Right to Counsel; Pro Se; Abuse of Discretion) Trial court failed to warn of the dangers of self-representation. Reversed and remanded for a new trial.

Dorsey, Michael Wayne v. State, COCA Case No. F-2011-693 (July 9, 2013)
(Fines, Fees and Costs) Trial court erred in imposing $5,000 VCA without holding a proper hearing. Vacated and remanded for hearing.

Golden, Darrell Odell v. State, COCA Case No. C-2012-714 (July 31, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Guilty plea to "resisting arrest" lacked factual basis. Counsel ineffective for failing to raise this issue in motion to withdraw plea.

Greenlow, James Curtis v. State, COCA Case No. RE-2012-0575 (July 10, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but remanded for modification of sentences that exceeded the statutory maximum.

Harris, Andrew Lee v. State, COCA Case No. F-2012-916 (July 29, 2013)
(Sentence, Excessive; Evidence, Other Crimes; Due Process) Improper evidence and argument concerning probation deprived defendant of due process rights to a fair jury sentencing. Sentence modified.

Porras, Jeffrey Ariel v. State, COCA Case No. S-2012-834 (July 26, 2013)
(State Appeals; Evidence, Other Crimes) Trial court did not abuse discretion in dismissal of four counts relating to offenses committed in another county.

Smith, Ralph T. Jr. v. State, COCA Case No. F-2012-08 (July 2, 2013)
(Sentence, Excessive) Sentence for kidnapping modified because it exceeded maximum sentence under law at the time of the offense. Three counts modified to remove post-imprisonment supervision requirement, as that was not part of statutes at time of offenses.

Williams, Mark Wallace v. State, COCA Case No. F-2012-172 (July 24, 2013)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly instructed on sentencing range. Sentence modified.