Criminal Law Update

Plea Agreements

Berry v. State

When a trial court accepts a plea agreement with an executed time cap, its discretion to impose further punitive conditions of probation doe snot extend beyond what the plea agreement specifies.

Public Intoxication vs. OWI Endangerment

Tin Thang v. State

Distinguishes OWI and Public Intoxication in that, for the OWI offense, endangerment (a Class A Misdemeanor) cannot be inferred from intoxication alone; in other words, the defendant must be operating a vehicle in a manner that endangered himself or others.  The Court affirms public intoxication conviction, on the basis of the defendant’s presence while intoxicated with a car at a gas station supporting an inference that the defendant operated the vehicle while intoxicated and thus committed the public intoxication element of endangering himself or others.

Fourth Amendment

Gaddie v. State

To avoid conflict with the Fourth Amendment…the statute defining Resisting Law Enforcement by fleeing after being ordered to stop must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause.

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