Legal Opinion
State v. Avelar
Idaho Court of Appeals
Decided June 13, 1996No. 21515PublishedCited by 3 opinions
1Opinion of the Court
PERRY, Judge.
In this appeal, Antonio Avelar attacks the judgment of conviction and sentence imposed after retrial. Avelar contends that the retrial denied him the right to be protected against former jeopardy, the right to speedy trial and the right to have the state prove beyond a reasonable doubt each and every element of the offense charged. He also contends that his sentence is unreasonable. For the reasons explained below, we affirm.
I
BACKGROUND
The judgment of conviction and ten-year sentence for delivery of cocaine, I.C. § 37-2732(a)(1)(A), resulting from Avelar’s 1991 trial was reversed…
2Cases cited25 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Holland v. United StatesSupreme Court of the United States · 1955
- Oregon v. KennedySupreme Court of the United States · 1982
- Victor v. NebraskaSupreme Court of the United States · 1994
- State v. ToohillIdaho Court of Appeals · 1982
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3Cited by3 opinions
- State v. AvelarIdaho Supreme Court · 1999
- State v. CasanoIdaho Court of Appeals · 2004
- State v. BryanIdaho Court of Appeals · 2008