Assemblyman Richard Carrillo’s appeal of his misdemeanor DUI conviction will be heard by District Judge James Wilson Jan. 26, 2016, in Carson City.
Carrillo was arrested Feb. 27 after deputies found him sleeping in the driver’s seat of his sports car with the engine running.
Attorney Larry Dunn appealed the conviction by Justice of the Peace John Tatro arguing there was no evidence presented to indicate Carrillo, D-Las Vegas, drove the car to the parking spot outside Jimmy G’s saloon. Dunn argued the court must prove “beyond reasonable doubt” Carrillo drove the vehicle there while intoxicated, not simply he was passed out in the driver’s seat.
“Judge Tatro did not even mention the fact that there was uncontroverted evidence that Appellant did not attempt to operate the vehicle,” the appeal argues.
But Carson City Deputy District Attorney Amy Steelman argued Carrillo was nonetheless in control of the vehicle and, therefore…
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