October 2013 Monthly Opinion
Coulter, Deshaunte Devon v. State, COCA Case No. F-2012-721 (October 16, 2013)
(Restitution) Plain error in trial court’s failure to follow the law on establishing restitution; restitution order vacated and remanded for further proceedings.
Kemp, Dewayne Edward v. State, COCA Case No. F-2012-622 (October 15, 2013)
(Double, Jeopardy/Double Punishment) Running sentences concurrently does not cure error of double jeopardy/double punishment when defendant convicted for Felony murder in the commission of First Degree Burglary and First Degree Burglary.
Kibbe, Christopher Lyn v. State, COCA Case No. F-2011-1059 (October 25, 2013)
(Sentence, Excessive) Sentence modified because it exceeded the maximum.
Langley, Marty Lee v. State, COCA Case No. F-2012-639 (October 23, 2013)
(Prosecutorial Misconduct) Error in State’s failure to elect which alleged incident upon which it was relying for conviction, thus depriving defendant of right to unanimous verdict. Reversed and remanded for new trial.
O’Neal, Johnny Sanders IV v. State, COCA Case No. F-2012-226 (October 15, 2013)
(Prosecutorial Misconduct) Sentence modified upon finding of plain error for injection of parole/probation into sentencing decision.
State v. Brown, Barry Lee, COCA Case No. S-2012-1012 (October 3, 2013)
(State Appeals; Evidence, Sufficiency) Trial court found officer who initiated traffic stop lacked sufficient memory of the event to fulfill the State’s burden of showing the stop was lawful. Suppression affirmed.
State v. Lopez, Uriel Alajandro, COCA Case No. S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash affirmed. Trooper did not have reasonable suspicion that violation had occurred before making stop.
State v. Magana, Maria, COCA Case No. S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash affirmed. Trooper did not have reasonable suspicion that violation had occurred before making stop.
State v. Ridge, Steven Allen, COCA Case No. S-2013-322 (October 23, 2013)
(State Appeals; Evidence, Sufficiency) Order granting motion to suppress affirmed. Trooper did not have reasonable suspicion that violation of had occurred before making stop.
