P. v. Fickes
Defendant David Kershaw Fickes returns to this court following our reversal of his conviction for first-degree burglary and other charges based on the prosecutions improper joinder of two cases for trial. Upon receipt of the case following this courts reversal, the prosecution severed the cases, dismissed the lesser peeking charges, and proceeded again with the first-degree burglary charge. Following a motion to suppress that was denied, defendant pleaded guilty to the charges and admitted the prior allegation. Defendant returns to this court on appeal following denial of his motion to suppress and guilty plea. In this second appeal, defendant asserts the trial court erred by: (1) denying his motion to suppress; (2) failing to grant his request to renew his motion to suppress based on new evidence; (3) improperly using his prior conviction in aggravation and as a separately sentenced enhancement; and (4) ordering defendant to pay attorney fees without a hearing to determine is ability to pay.
The judgment is reversed.
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