288 results for 'cat:"Sentencing" AND cat:"Sex Offender"'.
Per curiam, the Vermont Supreme Court finds the trial court properly sentenced defendant for sexual assault of a child under age sixteen and committing a lewd and lascivious act. Any error in the court's reliance on "general deterrence" to justify the significant sentence was harmless. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-175, Categories: Evidence, sentencing, sex Offender
J. McEvers finds that the district court properly denied a petition for post-conviction relief after the individual pleaded guilty to multiple charges including child abuse and tampering with physical evidence and ten counts of possession of child sexual abuse materials. The individual's sentence was not illegal and he did not receive ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND111, Categories: Ineffective Assistance, sentencing, sex Offender
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J. Yegan rejects defendant's claim that he is entitled to the postconviction relief of having his 230-year sentence vacated due to alleged errors in the application of the "Three Strikes" law. His disagreement with counsel does not support an ineffective assistance claim, and his motion is actually an untimely habeas petition filed more than 20 years after the entry of judgment.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: June 2, 2023, Case #: B323199, Categories: sentencing, sex Offender, Kidnapping
J. Aarons finds that the lower court properly reclassified defendant as a risk level two sex offender. Defendant sought to reduce his classification from level three to level one since he had gone 20 years without committing additional sex crimes and maintained steady employment and a stable home life, but he incurred an unrelated misdemeanor conviction during that period. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 1, 2023, Case #: 535541, Categories: sentencing, sex Offender
J. Witt finds the lower court properly convicted defendant, as he pleaded guilty to six counts of sexual battery by an authority figure and two counts of theft of property valued at $1,000 or less. Defendant engaged in sexual activity with a student assigned to him as an aide at the high school where he was employed. Defendant also gave the victim and another student Chromebook computers that belonged to the school, resulting in defendant’s theft convictions. Defendant sought probation at sentencing, but the plea agreement stipulated the lower court would determine the sentence and manner of service, ultimately issuing an effective 10-year sentence with nine months served in confinement. The lower court sentence aligns with the terms of defendant's plea agreement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: May 26, 2023, Case #: E2022-00715-CCA-R3-CD, Categories: sentencing, sex Offender, Theft
J. Natali finds that the trial court properly upheld the defendant's obligation under sex offender laws. Other jurisdictions have rejected due process challenges to lifetime registration requirements for certain violent offenders, and no legal authority states that all sex offenders who remain offense-free will eventually reach a point at which they are no longer a risk of committing sexual offenses. Affirmed.
Court: New Jersey Appellate Division, Judge: Natali, Filed On: May 25, 2023, Case #: A-1189-21, Categories: sentencing, sex Offender
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to criminal sexual act for having contact with a person passed out from medication and incapable of consent. Defendant claimed his sentence was harsh, but he received the minimum prison term authorized for a violent sex offense, coupled with the longest permitted period of postrelease supervision to ensure extended supervision. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 25, 2023, Case #: 111981, Categories: sentencing, sex Offender, Plea
J. Liu finds the trial court properly convicted defendant for six counts of forcible lewd acts on his nine-year-old cousin and one lesser included offense of attempt, handing down seven separate, consecutive sentences. The relevant California penal code, requiring that a sentencing court impose “full, separate, and consecutive term[s]” for offenses committed on separate occasions complies with the Sixth Amendment. Affirmed.
Court: California Supreme Court, Judge: Liu, Filed On: May 25, 2023, Case #: S271828, Categories: sentencing, sex Offender, Child Victims
J. Welch finds the trial court properly convicted defendant by a no-contest plea for attempted sexual assault through the use of a communication device. Defendant answered an ad placed by investigators posing as a 15-year-old girl on a website known for prostitution. His communication showed his knowledge of the decoy’s age and his willingness to pay her for sex. All factors were properly considered and all evidence supports conviction. Though defendant lacks a criminal history, sentencing is supported by the benefit received from his plea agreement, the nature of the offense, his previous contact with an underage girl, the court’s finding that a lesser sentence would depreciate the seriousness of the offense and the fact that his sentence of 8-14 years was near the low end of the statutory range of up to 50 years’ imprisonment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-775, Categories: sentencing, sex Offender, Child Victims
J. Karofsky finds the circuit court properly ordered defendant to register as a sex offender for 15 years subsequent to his conviction upon pleading guilty to five counts of possession of child pornography at the same hearing in a single case. The state's argument that defendant should have been required to register as a sex offender for life according to Wisconsin law fails, as the relevant statute's lifetime registry requirement is triggered when a person has been convicted of sex offenses "on two or more separate occasions," and the term "separate occasions" does not apply to multiple convictions within a single case under the statute's plain meaning and the common and ordinary meaning of the term. The circuit court also did not err when it determined defendant was ineligible for an earned release program because the record shows his substance abuse was not what caused his crime. Affirmed.
Court: Wisconsin Supreme Court, Judge: Karofsky, Filed On: May 23, 2023, Case #: 2020AP001213-CR, Categories: sentencing, sex Offender
J. Feuer finds the trial court properly convicted defendant for three counts of false imprisonment by violence, three counts of forcible oral copulation, three counts of forcible rape and one count of attempted forcible rape. Certain delays and procedures used due to the Covid-19 pandemic were harmless and did not interfere with defendant’s ability to defend. Recent amendments to the penal code apply retroactively, making the one-strike law inapplicable. Defendant’s custody credit must be corrected. Affirmed in part. Vacated in part and remanded for resentencing.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 22, 2023, Case #: B316245, Categories: sentencing, sex Offender, Kidnapping
J. Lynch finds that the district court properly imposed special internet use conditions in lifetime parole because defendant, a sex offender, consistently violated supervised release. A "sensible reading" indicated these conditions were very similar to those imposed in the past following other violations and thus were not procedurally or substantively unreasonable. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 21-2577-cr, Categories: Parole, sentencing, sex Offender