Legal Opinion

State v. Gerardo

Idaho Court of Appeals

Decided January 7, 2009No. 33450PublishedCited by 25 opinions

1Opinion of the Court

LANSING, Chief Judge.

Frank Gerardo appeals from his convictions for burglary and attempted robbery, with a sentence enhancement for use of a firearm. He contends that the district court made errors in the evidentiary phase of the trial, that the trial evidence was insufficient to sustain the jury’s finding that he was one of the perpetrators, that the district court made multiple errors in instructing the jury, and that the court erred in denying Gerardo’s post-trial motion to correct an illegal sentence. We affirm the convictions for attempted robbery and burglary, but vacate the portion of…

2Cases cited24 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Jones v. United StatesSupreme Court of the United States · 1999
  3. Harris v. United StatesSupreme Court of the United States · 2002
  4. State v. SheahanIdaho Supreme Court · 2003
  5. State v. FieldIdaho Supreme Court · 2007

19 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State v. HerreraIdaho Supreme Court · 2018
  2. State v. Leotis B. Branigh, IIIIdaho Court of Appeals · 2013
  3. State v. Jamie Lee NelsonIdaho Supreme Court · 2017
  4. State v. Jeremy York CunninghamIdaho Supreme Court · 2017
  5. State v. MooreIdaho Court of Appeals · 2010

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API