November 2011 Monthly Opinion

Burns, Katherine v. State, COCA Case No. M-2010-341 (November 18, 2011)
(Evidence, Sufficiency, Statutory Construction) Conviction for Harassment by Use of an Electronic Device (telephone text messaging) reversed with instructions to dismiss.

Ceasar, Torrez v. State, COCA Case No. F-2010-558 (November 14, 2011)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Possession CDS with Intent modified to Possession. State urged that quantity of drugs alone could support element of intent to distribute; majority disagreed. Absent any other evidence of intent to distribute, conviction had to be modified.

Earsley, Dwan Marie v. State, COCA Case No. F-2010-572 (November 17, 2011)
(Revocation/Acceleration; Restitution) Acceleration reversed because State did not prove failure to pay restitution was wilful.

Gallaway, Ronald Dean v. State, COCA Case No. M-2009-1146 (November 18, 2011)
(Sentence, Excessive) Trial court did not include recommended treatment options in sentencing as required by Section 761(D). Remanded for resentencing.