Court vacates 3 convictions for PF man - Coeur d'Alene Press: Local News

Court vacates 3 convictions for PF man

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Posted: Thursday, August 2, 2012 12:15 am | Updated: 9:59 am, Fri Nov 16, 2012.

The Idaho Court of Appeals on Wednesday vacated three 2010 felony convictions against a 36-year-old Post Falls man, and nullified a persistent violator sentencing enhancement.

David L. Curry was accused in February 2010 of entering a garage of some people he knew through an ex-girlfriend, Melissa Ferra, and allegedly threatening a man with a handgun, for which Curry was charged with aggravated assault.

The alleged victim, Travis Escudero, assumed Curry had a handgun in his pocket, judging by Curry's words and body language. Curry, however, never threatened to shoot, or said he had a gun.

Curry also was charged by authorities with burglary for entering the garage to allegedly intimidate Ferra, or commit aggravated assault against Escudero, or both.

Additionally, he had multiple prior felony convictions, so he was charged with unlawful possession of a firearm. It was never determined whether he actually had a gun during the incident.

A jury in 1st District Court in Coeur d'Alene found Curry guilty of both burglary and aggravated assault. During a bench trial, he was convicted of unlawful possession of a firearm.

The District Court judge, Lansing L. Haynes, also found him to be a persistent violator.

Curry made a motion for a new trial, saying there wasn't enough evidence and that the jury was overwhelmed with hearsay evidence, resulting in an unfair trial.

The District Court denied the motion.

The Court of Appeals, in its written opinion Wednesday, concluded the evidence was insufficient to show Curry entered the garage with the intent to intimidate Ferra or threaten Escudero with a gun.

Further, it concluded the evidence was insufficient to show that Curry possessed a deadly weapon in order to sustain the conviction for aggravated assault. Escudero said he thought he saw a gun, while another person, Escudero's fiancee Marlisa Gordon, didn't. Ferra was not at the house when Curry showed up and entered the garage.

Because the evidence is insufficient to show Curry possessed a handgun, there is no way to sustain his conviction for unlawful possession of a firearm, the Court of Appeals wrote.

Curry pleaded guilty to a charge of malicious injury to property for vandalizing Gordon's car and the front door of her house prior to the garage incident. That conviction wasn't contested in this appeal.

Curry has been held at the Idaho Correctional Institution in Orofino. According to the Idaho Department of Correction, he was listed Wednesday as eligible for parole in March 2015.

Curry's attorney in the case couldn't immediately be reached for comment.

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1 comment:

  • Mark on the Park posted at 11:31 am on Fri, Aug 3, 2012.

    Mark on the Park Posts: 471

    Yeah, we need him back in the community ASAP.

     
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