STATUTORY CONSTRUCTION

Burns, Katherine v. State, COCA Case No. M-2010-341 (November 18, 2011)
(Evidence, Sufficiency, Statutory Construction) Conviction for Harassment by Use of an Electronic Device (telephone text messaging) reversed with instructions to dismiss.

Campbell, Patricia v. State, COCA Case No. SR-2007-134 (February 21, 2008)
(Statutory Construction) Child neglect statute then in effect required proof of all listed types of neglect. Trial court can accept plea to lesser offense over the State’s objection.

Champlain, Robert Bradley v. State, COCA Case No. F-2014-1078 (August 11, 2016)
(Sentence, Excessive; Statutory Construction) Post-imprisonment supervision imposed at sentencing vacated because does not apply to sentences of Life or Life Without Parole.

Cully, Daniel Wayne v. State, COCA Case No. RE-2015-844 (August 17, 2016)
(Sentence, Excessive; Statutory Construction) Post-imprisonment supervision imposed at revocation vacated because sentence imposed prior to statutory provision allowing.

Ferrante, Riccardo Gino v. State, COCA Case No. S-2007-31 (March 7, 2008)
(Statutory Construction) Court affirms district court ruling granting motion to quash. Defendant charged with peeping tom, for situating a camera under a customer’s skirt at a discount store and taking photographs. Plain language of the statute did not contemplate the defendant’s conduct, and Court finds it is not the province of the court to enlarge the scope of the statute.

Goodwin, Lela Mae v. State, COCA Case No. RE-2013-885 (September 30, 2014)
(Revocation/Acceleration Decisions; Statutory Construction; Sentence, Excessive) Remanded to strike the post-imprisonment supervision imposed after revocation because that statute was not in effect at the time of original sentencing.

Helms, Jack Leroy v. State, COCA Case No. F-20K02-552 (June 10, 2003)
(Statutory Construction) Offense of simple possession of child pornography should have been prosecuted under the specific law, rather than the general statute that covers the more serious offense of manufacturing and distributing child pornography. Sentence modified from 15 years to 2 years.

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.

Marler, Jeffrey v. State, COCA Case No. F-2007-575 (September 25, 2008)
(Sentence, Excessive; Statutory Construction) Judgment on child porn modified to a violation of a more specific statute. Sentence modified.

Prince, Rickey Dewayne v. State, COCA Case No. F-2009-1002 (December 10, 2010)
(Statutory Construction; Sentence, Excessive; Jury Instructions, Misleading/Confusing) Plain Error to not charge under specific statute which subjected Appellant to a greater potential maximum sentence. Also plain error to not instruct jury regarding penalty imposed by law for the crime on the date of its commission. Sentence modified.

R.Z.M. v. State, COCA Case No. JS-2015-1076 (March 24, 2016)
(Youthful Offender; Statutory Construction) Element not found in the five very specific requirements for commission of the crime of Forcible Sodomy. Statute can not be enlarged beyond the fair meaning of its language to justify prosecution.

Smith, Timothy Lynn v. State, COCA Case No. S-2009-944 (October 28, 2010)
(State Appeals; Statutory Construction) Amendments to the Sex Offender Registration Act that become effective after the date of plea and sentencing are not applicable.

State v. Haley, Stephen Joseph, COCA Case No. S-2013-140 (February 20, 2014)
(State Appeals; Statutory Construction) State sought to allow enhancement of misdemeanor marijuana to a felony by suing any prior drug conviction as an enhancer. Statutory language clearly required the prior conviction to be a violation of the same section (marijuana possession). District Court order affirmed.