288 results for 'cat:"Sentencing" AND cat:"Sex Offender"'.
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. Brown finds that the trial court resentencing defendant for assault with intent to commit rape should have relied only on a calculation of actual time served and not on conduct credits for his time in prison. Also, the trial court erred in doubling his sentence on the basis of a flawed admission of a prior strike. Reversed in part.
Court: California Courts Of Appeal, Judge: Brown, Filed On: January 31, 2024, Case #: A166863, Categories: sentencing, sex Offender
J. Bishop finds the trial court properly convicted defendant by no-contest plea for assault and false imprisonment, requiring him to register as a sex offender. Defendant, a taxi driver, picked the drunken victim up from a bar and took her to his house. The victim woke up the next day with pains indicating sexual assault, and later medical examination confirmed that such an assault had occurred. The plea agreement replaced the charge of sexual assault with assault, while requiring defendant to register as a sex offender. Evidence, including the victim's blood found on defendant's sheets, supports the conviction and registration requirement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 30, 2024, Case #: A-23-373, Categories: sentencing, sex Offender, Assault
J. Todd finds that the lower court properly dismissed this case concerning defendant’s sentencing for sodomizing another child when he was 15 years old. Although the juvenile court previously denied defendant his right to be free from compulsory self-incrimination by considering his refusal to admit guilt for the criminal offenses, defendant is not entitled to a new juvenile certification hearing because he is now 27 years old and outside of the juvenile court’s jurisdiction. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 30, 2024, Case #: J-83-2022, Categories: Juvenile Law, sentencing, sex Offender
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J. Lucas finds that the trial court properly dismissed charges of failure to register as a sex offender by applying the statute that was active at the time of defendant's original conviction, which did not require him to register as a sex offender until his original sanction was completed. Defendant had not paid all fines, and thus had not completed his sanction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: January 26, 2024, Case #: 2D21-2784, Categories: Criminal Procedure, sentencing, sex Offender
J. Pryor finds that the lower court improperly sentenced defendant for attempted enticement of a minor for sexual activity. The court discussed only the seriousness of his offense and not any of his mitigating arguments. Vacated.
Court: 7th Circuit, Judge: Pryor, Filed On: January 26, 2024, Case #: 22-1400, Categories: sentencing, sex Offender
J. Pritzker finds that the lower court properly convicted defendant of rape, unlawful imprisonment, and sexual abuse of a co-participant at a work event held at a resort in the Adirondacks based on DNA evidence from a tampon that became lodged inside the victim's body during forced sexual intercourse. Meanwhile, defendant was properly denied modification of the sentence in light of his lengthy criminal history and failure to accept responsibility. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: 112614, Categories: Evidence, sentencing, sex Offender
J. Gray finds that the lower court improperly denied defendant's request to cancel his requirement to register as a sex offender. That requirement can be struck after an offender has been registered for at least 10 years, but the lower court denied defendant's request by finding that his time during probation, which was five years, could not count towards that 10-year period. The clear language of the law shows there is no need to complete probation before the 10-year clock begins. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 23, 2024, Case #: S-23-0185, Categories: sentencing, sex Offender
J. Cruser finds that the lower court properly sentenced defendant for sex crimes against a minor. On appeal, defendant takes issue with the fact that during his offender score calculations, the state included a prior sex offense conviction from an Australian court in 2017. Under the statute that governs the calculation of sex offender scores, there is no language that excludes foreign country convictions from being able to be included in an offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: January 23, 2024, Case #: 57076-9-II, Categories: sentencing, sex Offender, Child Victims
J. Bowes finds that the lower court improperly sentenced defendant to 36-to-72 years in prison for multiple counts of sexually abusing three minor children. The sentence was illegal because the court imposed conditions that only the Pennsylvania Board of Probation and Parole or Department of Corrections had authority to instill. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: January 22, 2024, Case #: J-S45004-23, Categories: sentencing, sex Offender, Child Victims
J. Waterman finds that defendant, a sexually violent offender, was ineligible for placement in a transitional release program because his treatment provider at the Iowa Civil Commitment Unit for Sexual Offenders had not accepted a relapse prevention plan for him.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: January 19, 2024, Case #: 22-1521, Categories: sentencing, sex Offender
J. Glasgow finds that the lower court properly sentenced defendant for child molestation. Defendant claims that his offender score was too high and that the lower court improperly imposed an exceptional sentence against him. While the lower court admits his offender score could have been miscalculated, the fact that he used "his position of trust" to facilitate his crimes, means his sentence would have been just as exceptional regardless of his offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: January 17, 2024, Case #: 57221-4-II, Categories: sentencing, sex Offender, Child Victims
J. McEvers finds that the district court improperly imposed a new sentence after defendant was charged with two counts of gross sexual imposition, both class A felonies and pleaded guilty. Defendant claims the district court imposed illegal sentences by ordering the two sentences to run consecutively. The matter is remanded for resentencing. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: January 10, 2024, Case #: 2024ND4, Categories: sentencing, sex Offender
J. Bahr finds that the district court improperly sentenced defendant who pleaded guilty to two counts of gross sexual imposition and one count of luring minors by computer. The lower court illegally sentenced defendant by not including his accrued good time when it resentenced him for probation violations. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: January 10, 2024, Case #: 2024ND7, Categories: sentencing, sex Offender
J. Aoyagi finds the trial court erred in sentencing defendant to 75 months in prison for one count of sexual abuse against a minor. “A 75-month prison sentence for a single peck on the lips is unconstitutionally disproportionate, and it is not rendered proportionate by the fact of other convictions against a different victim in the same case, where defendant’s criminal history does not establish that he is incorrigible or resistant to reform or deterrence.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 4, 2024, Case #: A177043, Categories: sentencing, sex Offender, Child Victims
J. Fisher finds that the lower court properly enhanced the presumed classification to declare defendant a risk level three sex offender given the risk of recidivism demonstrated by his history of similar incidents in which he stalked strangers before entering their homes to sexually abuse them. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 4, 2024, Case #: 535947, Categories: sentencing, sex Offender
J. Abele finds the trial court properly imposed a 54-month sentence for each of defendant's 30 convictions for unlawful sexual conduct with a minor. Not only were the sentences within the statutory range, but defendant was fully advised of the maximum penalty he faced before he went to trial. Meanwhile, the failure by defendant's attorney to request a sentencing merger on all of the counts did not qualify as ineffective assistance because each of the counts was related to a specific instance of sexual intercourse or fellatio and could not be considered a single, continuous course of conduct that would have allowed for merger. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-57, Categories: sentencing, sex Offender, Child Victims
J. Jensen finds that the district court properly entered criminal judgment after defendant was convicted of sexual assault, a class A misdemeanor, and five counts of gross sexual imposition, class A felonies. Defendant claimed that the district court relied on impermissible factors rendering his sentence illegal and that his sentence constituted cruel and unusual punishment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: December 28, 2023, Case #: 2023ND246, Categories: Constitution, sentencing, sex Offender
J. Phillips finds that the lower court properly convicted defendant of sexual abuse and assault convictions. There were no errors during trial regarding testimony or evidence entered that would justify reversing defendant's convictions. However, both parties do agree that the lower court used an improper calculation of defendant's criminal history that needlessly inflated his sentencing range. Affirmed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: December 28, 2023, Case #: 22-5072, Categories: sentencing, sex Offender
J. Gravois finds defendant’s eight-year sentence for the sexual battery of a minor was not unconstitutionally excessive, as similar sentences have been imposed for similar crimes. Further, the sentence is appropriate because defendant violated a position of trust — earned by giving her candy — with a vulnerable minor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-274, Categories: sentencing, sex Offender
J. Chehardy upholds defendant’s upgraded life sentence after the lower court vacated an underlying sentence on two charges of sexual battery of a 13-year-old female because defendant is a four-time felony offender. Barnes argued his sentences were excessive, but the appeals court determined that because Barnes exploited a position of trust, his criminal conduct was particularly shocking and he displayed unfavorable character and propensities, the sentences were appropriate. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: December 27, 2023, Case #: 23-KA-208, Categories: sentencing, sex Offender
Gravois affirms the trial court’s sentence of 40 years and 10 years, to be served consecutively, for defendant’s sexual abuse of his own daughter. The evidence was consistent and sufficient, defendant had adequate legal counsel, the defense was able to present its own theory and evidence and the sentence was not excessive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-262, Categories: Evidence, sentencing, sex Offender
Per curiam, the court of appeals finds the trial court properly denied defendant's motion for acquittal on various sexually-based offenses. Testimony from the victims about his actions during sleepovers, including his rubbing of their butts and vaginas, satisfied all elements of the crimes. However, the trial court erroneously failed to merge two of defendant's gross sexual imposition charges as allied offenses because both charges stemmed from a single course of conduct related to a single victim. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 2023-Ohio-4642, Categories: Evidence, sentencing, sex Offender