SENTENCE - ABUSE OF DISCRETION

A.M. v. State, COCA Case No. J-2010-788 (January 19, 2011)
(Youthful Offender; Sentence, Abuse of Discretion) Trial court abused its discretion in ordering sentencing as adult. Findings were that defendant could complete rehabilitation plan and public could be protected. Reversed for sentencing as a Youthful Offender if convicted.

Barnett, Suzanne D. v. State, COCA Case No. F-2008-289 (September 3, 2009)
(Drug Court; Sentence, Abuse of Discretion) Decision to end drug court participation was an abuse of discretion. Termination from Drug Court reversed with instructions to reinstate.

C.C.S. v. State, COCA Case No. J-2009-0091 (May 22, 2009)
(Juvenile Adjudication/Certification; Sentence, Abuse of Discretion) Trial court abused its discretion in ordering sentencing as an adult. Reversed and remanded for sentencing as a Youthful Offender should he be convicted of the charged crimes.

D.R.F. v. State, COCA Case No. J-2010-653 (December 1, 2010)
(Juvenile Adjudication/Certification; Sentence, Abuse of Discretion) Evidence revealed Appellant was amenable to treatment and likely to be rehabilitated. Belief that Appellant would discontinue treatment/rehabilitation without adult sanction was an erroneous presumption. "The speculative fear that Appellant might discontinue treatment is not great enough to override the statute’s favoring of juvenile retention." District Court order sustaining State’s motion to certify as an adult reversed with instructions to retain as a child.

Fields, Derrick Andre v. State, COCA Case No. F-2009-466 (April 2, 2010)
(Sentence, Abuse of Discretion) District Court cannot deviate from jury assessment. Remanded for resentencing

Flowers, Henry C. Jr. v. State, COCA Case No. F-2002-1428 (January 8, 2004)
(Sentence - Abuse of Discretion) Trial court’s mistaken impression that it was without authority to run sentence concurrently with another sentence that had been previously imposed constituted an abuse of discretion. Remanded for resentencing.

Hudson, James Michael v. State, COCA Case No. F-2003-1266 (December 21, 2004)
(Judge, Recusal; Ineffective Assistance of Counsel; Sentence, Abuse of Discretion) Sentences modified to run concurrent because of judicial bias. Trial counsel ineffective for failing to ask judge to recuse. Prejudice found in consecutive sentences.

Loftis, Embry Jay v. State, COCA Case No. F-2009-1067 (February 23, 2011)
(Sentence, Excessive; Sentence, Abuse of Discretion; Evidence, Other Crimes) Plain error found in prosecutor’s closing argument, which "improperly and unmistakably called to the jury’s attention that Appellant did not serve his full sentence on his prior conviction." Trial court abused discretion in allowing introduction of "transactional" prior felonies. Sentence modified.

Long, Bryan William, Jr. v. State, COCA Case No. F-2007-636 & C-2007-743 (July 15, 2008) (Drug Court; Sentence, Abuse of Discretion) Error to change sentence upon termination of drug court in a way that enlarges sentence originally imposed. Judicial Review limits District court is limited in 12 month judicial reviews to downward sentencing modifications.

McCarroll, Corey Dion v. State, COCA Case No. C-2004-69 (January 19, 2005)
(Guilty Plea Decisions; Sentence - Abuse of Discretion) Two convictions modified because proximity language did not exist at time of alleged offenses. Sentences modified from 20 years to 15 years. Sentences modified because judge did not consider concurrent sentences.

Nunley, Lyndol Keith v. State, COCA Case No. M-2016-596 (June 8, 2017)
(Abuse of Discretion; Sentence, Excessive) Trial court lacked authority to impose a sentence be served day-for-day. District court entered amended judgment and sentence removing day-for-day provision.

Roundtree, Walter v. State, COCA Case No. F-2007-767 (September 3, 2008)
(Sentence, Abuse of Discretion) Trial court’s absolute refusal to even consider concurrent terms in the event of a jury conviction is abuse of discretion. Sentences modified to run concurrently.

Rumbaugh, Jack Richard v. State, COCA Case No. F-2007-1165 (March 27, 2009) (Drug Court; Sentence, Abuse of Discretion) Termination of Drug Court was abuse of discretion. Reversed with instructions to reinstate into the Drug Court Program.

State v. Lord, Cody Ray, COCA Case No. S-2016-1142 (September 14, 2017)
(State Appeals; Evidence, Sufficiency; Abuse of Discretion) Suppression of blood draw evidence upheld in DUI case for lack of consent.

Wilkerson, Val v. State, COCA Case No. F-2007-909 (May 13, 2009)
(Sentence, Abuse of Discretion) Sentence modified because trial court’s carte blanche admission of all propensity evidence constituted an abuse of discretion, which contributed to excessive sentence.

Wooden, Steven Antonio v. State, COCA Case No. F-2005-391 (November 1, 2006)
(Sentence, Abuse of Discretion; Sentence, Excessive; Jury Instructions, Other) Trial court’s refusal to exercise its discretion to consider imposition of concurrent sentences constituted an abuse of discretion. Sentence modified to twenty years and ordered served concurrently.