COA – 3 for the State and 3 for Rebriefing

2 12 2011

It certainly is not an exciting week of decisions from the Court of Appeals.  There was an Anders brief, 3 rebriefings ordered, and 3 wins for the State.

Dotson v. State is a entertaining read but has a bad ending.  Dotson was given 2 yrs in ADC and 8 yrs SIS for possession of marijuana with intent, which seems extremely harsh.  During his period of SIS he was charged and pled guilty to 3rd degree domestic battery without counsel.  A petition to revoke his SIS was filed.  At the hearing the parties announced that they were ready and the State attempted to introduce a copy of Dotson’s conviction on the domestic battery 3rd charge.  Dotson’s counsel properly objected and the State moved for a continuance to get the victim to court to testify.  The judge granted the continuance saying that the State was only kidding that they were ready.  Dotson was revoked at the hearing with the testimony of the victim.  Dotson claimed the continuance was an abuse of discretion and violated his right against double jeopardy. 

The Court of Appeals held that it was not an abuse of discretion to grant the continuance because Dotson cannot show prejudice.  The Court also found it not violative of double jeopardy rights because double jeopardy protections do not apply to revocation proceedings.

On a positive final note, the Court did not issue an opinion on Villagran v. State, despite the fact it was submitted 3 weeks prior.  This gives me some hope for a dissent or reversal.


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