(Download) "State v. Barragan" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Barragan
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 17, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
1 Defendant appeals from the judgment entered after a jury found him guilty of aggravated burglary, possession of burglary tools, larceny over $100, and concealing identity. Defendant asserts five grounds for reversal: (1) the trial court erred in denying Defendants motion to suppress evidence seized pursuant to a protective search; (2) the jury instructions directed the jury to find that the market value of the items taken by Defendant was greater than $100; (3) the trial court erred in denying Defendants motion for a directed verdict on the charge of possession of burglary tools and the aggravated portion of the charge of aggravated burglary; (4) the trial court abused its discretion in denying Defendants motion for a mistrial; and (5) the trial court abused its discretion in allowing the State to reopen its case to introduce an in-court identification of Defendant. We hold that the officer who searched Defendant exceeded the scope of a protective search when he emptied Defendants pockets after ascertaining that the item causing the bulge in Defendants pants was not a weapon. For this reason, we reverse three of Defendants convictions and remand for a new trial. We affirm Defendants conviction for concealing his identity. Because we reverse Defendants conviction for larceny based on the erroneous admission of evidence, it is unnecessary for us to reach Defendants challenge to the jury instructions.
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