September 2013 Monthly Opinion

Aragon, Bryan Decheveria v. State, COCA Case No. F-2012-167 (September 23, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Counts for Kidnapping and Possession of Firearm in Commission of a Felony dismissed because they arose out of the same act resulting in convictions for Robbery with a Firearm.

Clayborne, Mark Anthony v. State, COCA Case No. F-2011-509 (September 10, 2013)
(Prosecutorial Misconduct; Jury Instruction, Misleading/Confusing) Conviction for preparing false evidence by attorney reversed.

Creekmore, Jeremiah William v. State, COCA Case No. RE-2012-0711 (September 20, 2013)
(Revocation/Acceleration Decisions; Abuse of Discretion) State failed to present evidence that Judgment and Sentence was final. Reversed for new revocation hearing.

Phenix, Mario Lenard v. State, COCA Case No. F-2012-567 (September 23, 2013)
(Evidence, Other Crimes; Sentence, Excessive; Ineffective Assistance of Counsel) Evidence of prior felony convictions may have influenced jury’s sentence for Murder I, requiring modification. Modified from LWOP to Life. Comment as to probation also required modification.

State v. Bell, Isaac Paul , COCA Case No. S-2013-127 (September 18, 2013)
(State Appeals; Search and Seizure) Consent to search vehicle was tainted by illegal detention. District Court’s decision to sustain motion to suppress and dismiss affirmed.