State v. Gerardo

While it may have taken him two days to do so, Dennis Benjamin scores the first appellate win of the year in State v. Gerardo. This was the attempted armed robbery of the Lotus Garden in Meridan with the 110 mile per hour chase ending in a canal. The Court of Appeals found three different points of evidentary error, unfortunately, all harmless, but vacates a sentence enhancement for use of a firearm because the jury instructions on the issue contructively amended the indictment. A must read in the areas of hearsay and admissions of a party opponent, prosecutorial testifying, and constructive amendments. Good job Dennis.