March 2012 Monthly Opinion

Gilbert, Isaiah Hasan v. State, COCA Case No. F-2011-354 (March 29, 2012)
(Ineffective Assistance of Counsel, Sentence, Excessive) Deficient performance by counsel affected sentencing. Failure to object to extraneous information re: priors affected sentence.  Modified from 30 to 20 years.

Jones, Michael Lee v. State, COCA Case No. F-2010-644 (March 27, 2012)
(Fines, Fees and Costs) Trial court improperly bifurcated sentencing on misdemeanor count. Fine vacated.

Sanders, Mark A. v. State, COCA Case No. F-2010-1191 (March 30, 2012)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error to accelerate deferred sentence solely by taking notice of evidence heard in another case (where defendant was convicted but conviction was not shown to be final).

State v. Pamela Dejear, COCA Case No. S-2011-774 (March 1, 2012)
(State Appeals; Evidence, Sufficiency) Magistrate dismissal of prosecution for possession of firearm while under DOC Supervision affirmed because State had not proven that defendant was under DOC supervision.

State v. Wendel Hughes, COCA Case No. S-2011-0801 (March 26, 2012)
(State Appeals) Magistrate at prelim sustained defense demurrers to two of three counts, and was upheld by District Court Judge. State did not meet its burden of showing the decision was "clearly erroneous."