This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was convicted for sixteen counts of accumulation of solid waste, litter, and/or debris under a specific Torrance County Zoning Ordinance, one count of violation of another Torrance County Zoning Ordinance, and the revocation of his probation (para 1).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Argued that the subjective opinion of a testifying witness should not be sufficient to sustain his conviction, contended that the ordinances underlying his convictions were void for vagueness, and attempted to argue that the prosecuting authority withheld exculpatory evidence (paras 2-3).
- Plaintiff-Appellee: [Not applicable or not found]
Legal Issues
- Whether the subjective opinion of a testifying witness is sufficient to sustain a conviction.
- Whether the ordinances underlying the Defendant's convictions are void for vagueness.
- Whether the prosecuting authority withheld exculpatory evidence.
Disposition
- The Court affirmed the Defendant's convictions (para 4).
Reasons
-
The Court, comprising Judge Jennifer L. Attrep, with Judges Zachary A. Ives and Jane B. Yohalem concurring, found that the Defendant's memorandum in opposition largely reiterated issues raised in his docketing statement without asserting new facts, law, or arguments that would persuade the Court to alter its proposed disposition. The Court disagreed with the Defendant's contention that the subjective opinion of a testifying witness is insufficient for a conviction, citing precedent that the testimony of a single witness can be sufficient. The Court also found the Defendant's arguments regarding the vagueness of the ordinances and the withholding of exculpatory evidence to be unsupported by legal authority or insufficiently developed for appellate review. Consequently, the Court affirmed the Defendant's convictions for reasons stated in their notice of proposed disposition and the memorandum opinion (paras 2-4).
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