72 results for 'cat:"Probation" AND cat:"Sentencing"'.
J. Ray finds that the trial court properly sentenced defendant after he violated probation imposed upon his conviction for lewd and lascivious battery of a victim under 16 years old by having unsupervised contact with a minor. Defendant committed a "substantive violation," and the court was not limited by a six-year sentencing cap. Affirmed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 31, 2024, Case #: 1D2021-3609, Categories: probation, sentencing, Sex Offender
J. Shepherd finds a lower court improperly sentenced a defendant to 110 months in prison and three years probation for being a felon in possession of a firearm. The government argued that his sentence was reasonable. However, the defendant sufficiently showed in court that he may be entitled to a lighter sentence over procedural errors. Vacated.
Court: 8th Circuit, Judge: Shepherd, Filed On: January 30, 2024, Case #: 22-3564, Categories: Firearms, probation, sentencing
Per curiam, the North Dakota Supreme Court finds that the district court properly entered criminal judgment revoking probation and imposing a new sentence of two years imprisonment. Defendant argued that the court acted unreasonably by revoking his probation and resentencing him. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND245, Categories: probation, sentencing
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J. Chafin finds the lower court improperly sentenced the substance abuser to 60 days in prison. The substance abuser overdosed on drugs after recently being released from prison following a 2-year stint for drug use. Virginia's legislature made a law that limits the amount of time someone can be sentenced after breaking the terms of their probation related to drug use to only 14 days. Reversed.
Court: Virginia Supreme Court, Judge: Chafin, Filed On: December 14, 2023, Case #: 230127, Categories: Drug Offender, probation, sentencing
J. Hixson finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to statutory rape, theft of property, vandalism of property, evading arrest, speeding, running a red light, operating a vehicle with no valid drivers license, and escape. Defendant entered another guilty plea to aggravated domestic assault, domestic assault, domestic vandalism of property, two counts of assault, three counts of failure to provide proof of financial responsibility, two counts of driving on a suspended license, driving on a revoked license, unlawful removal of a registration decal or plate, failing to display a certificate of vehicle registration upon demand, and violating the bumper law. Defendant violated the terms of his probation when he traveled to another state without the permission of his probation officer and was arrested for driving without a license, resisting arrest or obstructing justice, threat of force, driving under the influence with child, and gross, wanton or reckless care for child. The trial court revoked defendant’s probation and ordered him to serve the remainder of his sentence in the Tennessee Department of Corrections. The instant court finds no error in the lower court’s decision and sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: December 1, 2023, Case #: E2023-00261-CCA-R3-CD, Categories: probation, sentencing
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to committing burglary while on probation for a prior offense. Defendant subsequently secured time in a drug treatment program, but he continued to violate its terms and was sentenced to prison as a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: 112731, Categories: Burglary, probation, sentencing
J. Mize finds the trial court properly granted defendant’s motion to correct a sentencing error by denying a motion to suppress evidence and improperly imposed probation fees. The court did not orally pronounce a probation cost per month at the time of sentencing. Therefore, this portion of the sentence shall be remanded to impose the correct probation cost per month. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: November 22, 2023, Case #: 6D23-1246, Categories: probation, sentencing
J. Mackey finds that the lower court properly sentenced defendant based on her guilty plea to attempted robbery and attempted grand larceny. Defendant had been afforded some leniency as a teenager, but she violated the conditions of probation by committing armed robbery and violating conditions of house arrest. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 16, 2023, Case #: 111845, Categories: probation, Robbery, sentencing
J. Panella find that the lower court improperly granted the Pennsylvania Board of Probation and Parole’s request to add three conditions to defendant’s probation, which was imposed after he was charged with sexually abusing children. The trial court lacked a legal basis for entering this order modifying defendant’s probation. Vacated.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: November 14, 2023, Case #: J-A14012-23, Categories: probation, sentencing, Sex Offender
J. Boomgaarden finds that the lower court properly denied a motion from defendant, filing pro se, to correct what he alleges is an illegal sentence stemming from DUI convictions. Defendant claims he was not credited for time served spent on probation, but there is nothing in the law that would entitle him to that. The lower court did, in fact, credit him with his history of treatment during probation by reducing his sentence by one year. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: October 18, 2023, Case #: S-23-0123, Categories: probation, sentencing, Dui
J. Arnold finds a lower court properly sentenced a defendant, who pleaded guilty of assault by a habitual offender on a Native American reservation, to 24 months in prison after he violated probation. The defendant argued that the imposition was excessive. However, the government sufficiently showed in court that the defendant abruptly disappeared, tested positive for meth, and then dodged authorities who were investigating whether or not he stole a van. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 10, 2023, Case #: 23_1513, Categories: Drug Offender, probation, sentencing
J. Coogler finds the district court improperly sentenced defendant to 20 years' imprisonment after he violated a three-year probation term implemented in 2017 when he pleaded guilty to wire fraud by getting convicted in Florida state court of second-degree murder. The government did not give a specific reason on the record for why it was going so far beyond the guideline sentencing range of 12 to 18 months when sentencing defendant, so it is required that the sentence is vacated and the case is remanded for re-sentencing.
Court: 11th Circuit, Judge: Coogler, Filed On: October 3, 2023, Case #: 22-10742, Categories: Murder, probation, sentencing
J. Lynch finds that the lower court properly resentenced defendant for violation of conditions on a criminal sale of controlled substance conviction. The defendant was given several chances to abide by the postconviction conditions of his probation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: September 28, 2023, Case #: 109521, Categories: probation, sentencing
J. Klappenbach finds that the trial court properly revoked defendant's probation, which had been imposed for drug-related offenses. Defendant failed to report, failed to provide medical documentation, failed to obtain an assessment as directed, failed to pay court costs, and failed to make contact with his supervising officer after his release from jail. All evidence supports the revocation, and no error is found. The case is remanded to correct an error on the sentencing order, which does not state that it regards a probation revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 27, 2023, Case #: CR-22-771, Categories: Drug Offender, probation, sentencing
J. Hixson finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to two counts of domestic assault and one count of aggravated assault and received an effective 10-year sentence to be served on supervised probation, but violated the terms of his probation multiple times. On his fourth violation for failing to report and being arrested for domestic assault, the lower court revoked defendant’s probation and ordered him to serve the remainder of his sentence incarcerated. The instant court finds no error or abuse of discretion in the lower court’s actions. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 22, 2023, Case #: M2022-00948-CCA-R3-CD, Categories: probation, sentencing, Assault
J. Miller finds the trial court properly relied on testimony from defendant's community control officer and imposed a prison term. Whether defendant was verbally and physically aggressive at his rehab center was irrelevant; rather, the testimony from the officer was used to establish that defendant was kicked out of the rehab program prematurely, regardless of the reason. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 18, 2023, Case #: 2023-Ohio-3297, Categories: probation, sentencing
J. Lobree finds the trial court properly revoked defendant's probation and sentenced him to 10 years in prison more than three years after he pleaded guilty to leaving the scene of an accident and driving without a license. In part because the evidence shows defendant violated his probation by testing positive for cocaine, changing his residence without notification and failing to report to his probation officer for two years, during which time he was investigated in connection with an attempted murder, the trial court made no error revoking his probation and sentencing him as a habitual offender. The case is remanded, however, for the trial court to conform a written order with oral pronouncements made at defendant's 2020 sentencing. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: September 6, 2023, Case #: 19-0551, Categories: Criminal Procedure, probation, sentencing
J. Greer finds that defendant was properly sentenced to prison based on the guilty plea he entered to failure to comply -- verification violation for providing false information to police. Defendant was a habitual offender on probation, and the lower court considered age, mental health, and other factors during sentencing. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 23-0245, Categories: probation, sentencing
J. Fernandez finds the trial court properly revoked defendant's probation and gave him a life sentence for a battery charge, at least the sixth in his record. Defendant claims the trial court revoked his probation based on an uncharged violation, but the record is clear the trial court would have revoked probation and imposed the same sentence regardless of considering the violation. However, a portion of the trial court's order is reversed and remanded so the trial court can conform its written order to its oral pronouncement which included mention of the uncharged offense. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 22-1120, Categories: probation, sentencing, Battery
J. Athey finds the lower court properly determined defendant violated the conditions of his suspended sentences by failing to report to his probation officer and failing to complete a recommended psychosexual evaluation. Defendant was convicted of sexual battery, assault and battery, and stalking and was sentenced to 36 months in jail with 30 months suspended for five years. Defendant argued that he believed he was on unsupervised probation and did not have to comply with the court-order evaluation or report to his probation officer. The lower court determined that when he was released to probation, the probation intake officer reviewed the conditions of his suspended sentences with defendant, therefore he knew the terms. Due to his violations, the lower court ordered him to serve six months of active incarceration, and resuspended the 24-month balance of his sentences. Affirmed.
Court: Virginia Court Of Appeals, Judge: Athey, Filed On: August 8, 2023, Case #: 1275-22-4, Categories: probation, sentencing, Sex Offender
J. Bahr finds that the district court improperly issued an order for revocation of probation entered concerning two specific criminal cases. The panel affirms the orders for revocation in one criminal. However, the court reverses and remands for resentencing in another. The cases in question are drug-related offenses. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: August 2, 2023, Case #: 2023ND144, Categories: Drug Offender, probation, sentencing
J. Agee finds the lower court improperly enhanced the defendant's sentence. The police arrested the defendant, a prior felon after he shot back at gang members who tried to kill him at a convenience store. The government conceded that the defendant should not have received two criminal history points for being on probation because his probation had ended before the convenience store incident. Vacated
Court: 4th Circuit, Judge: Agee, Filed On: July 21, 2023, Case #: 21-4367, Categories: Firearms, probation, sentencing