SENTENCE ENHANCEMENT

Baird, Dontrell Maurice v. State, COCA Case No. F-2002-1509 (November 18, 2003)
(Sentence Enhancement) Three counts remanded for re-sentencing because of erroneous enhancement instructions.

Birth, Steven, F-1999-942, July 14, 2000 
(Sentence Enhancement, staleness of prior conviction)

Clark, Sidney, F-2000-282, decided Jan. 26, 2001
(Sentence, Enhancement, sufficiency of evidence for priors)

Hampton, Bruce, F-1999-710, Feb. 11, 2000
(Sentence Enhancement, error in combining drug and habitual offender provisions)

Holmes, Carl, F-1999-1260, Jan. 3, 2001
(Sentence, Enhancement, Admission of Prior in First Stage)

Lewis, John Stanton v. State, COCA Case No. F-2016-179 (August 7, 2017)
(Sentence, Enhancement; Statutory Construction) Felony possession of marijuana modified to misdemeanor because priors were not the kind specified by enhancement statute. Sentence modified.

McCullough, James, F-2000-880, Sept. 19, 2001
(Sentence, Enhancement, Error in admission of non-drug prior deferred sentence under drug statute)

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.

Pettit, Eric, F-1999-736, May 16, 2000
(Sentence, Enhancement, no provision for fine)

Phipps, Timothy v. State, COCA Case No. F-2003-719 (April 15, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Sentence improperly enhanced with a prior conviction and jury was misinstructed on the minimum punishment.

Rash, Steven, F-1998-1288, Dec. 8, 1999
(Sentence, Enhancement, prior convictions arising from same transaction)

Reed, Clarence Edward v. State, COCA Case No. F-2003-405 (April 20, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Jury was wrongly instructed that it could consider six prior convictions in determining sentence, after trial court had ruled that only three were appropriate ( the others were transactional). Sentence modified.

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.

Snodgrass, John, F-1998-1147, Feb. 7, 2000
(Sentence, Enhancement, error in combining drug and habitual offender provisions)

State v. Norwood, Douglas Raymond, COCA Case No. S-2014-786 (March 31, 2015)
(State Appeals; Sentence, Enhancement; Information, Defective) Enhancing marijuana possession to a felony requires prior misdemeanor possession of marijuana conviction. Dismissed.

Stratmoen, Joe, F-2000-292, April 24, 2001
(Sentence, Enhancement, cannot enhance offense of possession of firearm during commission of felony under habitual offender statutes)

Tillis, Damean, F-1999-1654, Jan. 4, 2001
(Evidence, Other Crimes, error in admitting prior conviction during first stage)

Underwood, Wendy Leann v. State, COCA Case No. F-2001-1048 (December 23, 2002)
(Sentence - Enhancement) Seven prior convictions used to enhance the penalty arose from the same transaction. Sentence modified from 40 to 30 years.