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State v. Cruz

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Wednesday, January 23, 2013

A-12-0467, State v. Jose Luis Cruz (Appellant)


Madison County, District Judge Robert Ensz


Attorney for Appellant: Charles W. Balsiger


Attorney for Appellee:  George R. Love (Attorney General’s Office)


Criminal Action: 6 Counts: I: Delivery of a Controlled Substance (methamphetamine); II: Attempted Delivery of a Controlled Substance (methamphetamine); III: Delivery of a Controlled Substance (methamphetamine); IV: Delivery of a Controlled Substance (methamphetamine); V: Conspiracy to Deliver a Controlled Substance (methamphetamine); VI: Possession of a controlled substance (methamphetamine).


Action Taken by Trial Court: A jury found Appellant guilty of all counts. He was sentenced on Counts I, III, IV & V: 3-5 years, Count II: 1 to 3 years and Count VI: 1 to 1 year. All were ordered to be served consecutively with credit of 316 days for time served.


Assignments of Error on Appeal: Cruz assigns that the trial court abused its discretion and erred in: (1) denying the motion to sever the various counts for trial by jury; (2) admitting several photographic exhibits over the objections of counsel; (3) admitting transcripts of alleged audio CD recordings over the objections of counsel; (4) failing to exclude witness testimony of one of the State’s witnesses; and (5) sentencing the defendant to consecutive terms of imprisonment and denying the defendant’s request for concurrent sentences.


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