May 2014 Monthly Opinion
Barton, Phillip Wade v. State, COCA Case No. RE-2012-1043 (May 12, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Insufficient for State to present J&S from subsequent case to prove probation violation without proving finality of the subsequent conviction or the underlying facts. Revocation reversed and remanded.
C.E.B. v. State, COCA Case No. J-2014-108 (May 14, 2014)
(Youthful Offender; Abuse of Discretion) Bridging to DOC after successful completion of YO rehab program was an abuse of discretion.
Cervantes, Antonio Herman v. State, COCA Case No. F-2012-1131 (May 8, 2014)
(Sentence, Excessive) Remanded for judgment and sentence to conform to oral pronouncement and requiring dismissal of a judgment and 40-year sentence for an acquitted count.
Craighead, Lonnie Waylon v. State, COCA Case No. F-2013-305 (May 23, 2014)
(Fines, Fees and Costs) Remanded for determination of incarceration fees, which were not imposed at sentencing but were included by court clerk after submission at request of sheriff’s office. Appellant had no notice of the request or opportunity to object.
Johnson, Alvin Lavan v. State, COCA Case No. RE-2013-212 (May 30, 2014)
(Revocation/Acceleration Decisions; Abuse of Discretion) Revocation reversed and remanded because prosecutor to underlying felony became the trial judge for the revocation, and the defense attorney for the underlying felony became the prosecutor for the revocation.
Kuehn, Richard Shane v. State, COCA Case No. RE-2013-250 (May 9, 2014)
(Revocation/Acceleration Decisions) Revocation reversed because judge ordering revocation had previously served as prosecutor in the same case.
Myrie, Antonio Catalino v. State, COCA Case No. F-2013-137 (May 7, 2014)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) $10,000 fine vacated because of erroneous jury instructions.
State v. Heartfield, Kindra, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.
State v. Tutson, Terrence, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.
