Assemblyman Richard Carrillo, D-Las Vegas, is appealing Monday’s misdemeanor convictions on charges of DUI and possessing a firearm while intoxicated.
His lawyer Larry Dunn of Reno filed notice of appeal with the Carson City District Court Thursday challenging the ruling Carrillo was “in actual physical control” of his sports car when he was charged Feb. 27.
“There was a plethora of evidence that was admitted improperly over our objections,” Dunn said.
He challenged much of the physical evidence in the case including the Washoe Crime Lab’s test showing Carrillo was at 0.10 percent blood alcohol as hearsay.
Those objections were overruled by Justice of the Peace John Tatro during Monday’s trial.
“They (the objections) were all in my opinion, well founded,” said Dunn.
Carrillo was first found asleep in a planter box a half block from Jimmy G’s Cigar Bar where he had been drinking. The Capital City Patrol officer who found him said he woke Carrillo up and was told the assemblyman had a ride coming. The officer testified he then told Carrillo not to get in his car and try to drive.
That same officer found him a few minutes later in his sports car parked, again asleep and this time with his hand on the gearshift.
Carrillo was charged with DUI and, when searched, had a .22-caliber pistol in his pocket.
He was convicted by Tatro after a half-day trial and ordered to perform 42 hours community service, pay fines totaling $800 and not be in possession of any firearms for at least a year.
Dunn said Thursday the matter is now in district court where the judge will order briefs from both sides and possibly a hearing in the case. He could rule summarily in the case or refer it back to Justice Court for a new trial.