October 2011 Monthly Opinion

Alexander, Jacquelin Clariece v. State, COCA Case No. RE-2010-457 (October 21, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court lost jurisdiction to revoke sentence in Count 2 because sentence had expired before the State filed the application to revoke.

Aranda, Joel Christion. v. State, COCA Case No. S-2011-0024 (October 17, 2011)
(State Appeals) State appealed magistrate’s ruling sustaining demurrers to 6 counts. Magistrate’s ruling was upheld by the district court. State failed to show an abuse of discretion.

B.J.S. v. State, COCA Case No. J-2011-0475 (October 25, 2011)
(Juvenile Adjudication/Certification) State’s failure to appeal certification of client as juvenile cannot be circumvented by dismissing the juvenile action and refiling as an adult/YO case.

Budder, Keighton Jon v. State, COCA Case No. F-2010-555 (October 24, 2011)
(Sentence, Excessive) Error to sentence a juvenile to life without parole for non-homicidal crimes. Counts for First Degree Rape modified to life.

Franco, David v. State, COCA Case No. S-2011-0023 (October 17, 2011)
(State Appeals) State appealed magistrate’s ruling sustaining demurrers to 2 counts of using vehicle in discharge of weapon. Magistrate’s ruling was upheld by the district court. State failed to show an abuse of discretion.

J.F. v. State, COCA Case No. J-2011-514 (October 12, 2011)
(Juvenile Adjudication/Certification) Defendant certified as a juvenile and the State appealed. "After the State failed to appear at oral argument"...the case was decided on the briefs, and the certification was upheld.

Oliver, Carlos David v. State, COCA Case No. C-2010-1060 (October 7, 2011)
(Guilty Plea Decisions; Evidence, Sufficiency; Double Jeopardy/Double Punishment) Factual basis not sufficient on guilty plea for resisting arrest, count reversed with instructions to dismiss. Convictions for Assault with a Dangerous Weapon and Assault with a Dangerous Weapon while Masked constitute double punishment for one crime. Assault with a Dangerous Weapon reversed with instructions to dismiss.

Payne, Darius Darrell v. State, COCA Case No. F-2010-131 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury Instructions, Other) Remanded for resentencing on two counts, including trafficking (LWOP) and marijuana - second offense to improper instructions regarding finding of prior drug-related offenses for purposes of enhancement. Also, misdemeanor paraphernalia modified from one year to three months because jury improperly exposed to defendant’s priors before sentencing on the misdemeanor.

R.J.T. v. State, COCA Case No. J-2011-394 (October 28, 2011)
(Juvenile Adjudication/Certification) State appealed certification of youth as a juvenile, rather than youthful offender, on arson charges.  No abuse of discretion found; ruling for youth to be prosecuted as a juvenile affirmed. 

Royal, Sheila Diane v. State, COCA Case No. F-2010-99 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury Instructions, Other) Sentence for possession of paraphernalia modified because sentencing occurred after second stage enhancement for the felony counts; misdemeanor was not subject to enhancement.

Scoby, Edwin Leroy v. State, COCA Case No. F-2010-307 (October 14, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes) Non-capital murder case remanded for resentencing because State improperly enhanced with prior convictions.

Smith, Donnell Devon v. State, COCA Case No. C-2010-1179 (October 6, 2011)
(Guilty Plea Decisions; Sentence, Excessive) Sentence imposed was greater than the maximum allowed by statute. Modified.