DUI: $5,000 mandatory fine for 5th DUI appealable despite plea agreement, affirmed, remanded for ability to pay evaluation… Harris affirmed, reversed. [Read more…]
Assault with weapon, justifiable force instruction denied
ASSAULT WITH WEAPON: Justifiable force instruction in shoving match that escalated to stabbing improperly refused on basis that Defendant had not presented evidence of his state of mind, but the evidence nevertheless did not support the instruction… Harris affirmed (other grounds). [Read more…]
Revocation, reimposed sentence ending after original
REVOCATION: Reimposed sentence ending 2 years later than original does not constitute sentence greater than original… Knisely affirmed. [Read more…]