288 results for 'cat:"Sentencing" AND cat:"Sex Offender"'.
J. Molaison finds that defendant was properly sentenced to 40 years at hard labor on his conviction for sexual battery of a victim under the age of 13. The sentence was proper based on defendant being a trusted part of the victim's family for years and being considered to be the victim's "step-grandfather." Further, the record shows that defendant abused the victim over a span of several years and was also facing a misdemeanor charge for the sexual battery of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 15, 2023, Case #: 23-KA-33, Categories: sentencing, sex Offender
J. Pitman finds that defendant was properly sentenced on her guilty plea to two counts of molestation of a juvenile. In this case, the imposed sentences of 50 years for each count, with the first 25 years of which would be served without benefits, was proper based on the seriousness of the crimes. Further, the sentences imposed had been reduced from a possible statutory 99-year sentence per count to a cap of 50 years and an agreement that the sentences would be served concurrently rather than consecutively. Also, based on the plea, the state held defendant responsible for only two of the ten original counts, and those had also been reduced from first degree rape of a victim under the age of 13 to molestation of a victim under the age of 13. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: November 15, 2023, Case #: 55,215-KA, Categories: sentencing, sex Offender, Plea
J. Getty finds that defendant's claim that counsel should have challenged his confession to abusing his daughter and his tenants' children on Miranda grounds fails since he waived his rights by continuing to speak during interrogation. But he should have received three consecutive 15-year terms based on one strike allegations, not 25-year terms. Reversed in part.
Court: California Courts Of Appeal, Judge: Getty, Filed On: November 15, 2023, Case #: A164370, Categories: Ineffective Assistance, sentencing, sex Offender
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
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J. Chung finds that the lower court properly imposed a condition of supervision on defendant stemming from his rape conviction. The condition prohibits defendant from having access to sexually explicit material, which defendant claims is too vague. His claims fail due to the fact that the condition has been held up repeatedly by courts in the past and is directly related to the goal of rehabilitating defendant. Affirmed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: November 14, 2023, Case #: 84443-1-I, Categories: sentencing, sex Offender
J. Goldman finds that the trial court properly denied defendant's claim that the application of aggravating factors to his sex offense charges violated his due process rights. The legislature delegated to the Judicial Council the authority to determine which sentencing factors are aggravators, and that delegation is not a violation of the separation of powers. The use of qualitative terms to determine whether circumstances are aggravators does not make the use of the factors unconstitutionally vague. And the facts supporting the aggravators do not need to be detailed in the preliminary hearing.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: November 13, 2023, Case #: A166159, Categories: sentencing, sex Offender, Due Process
J. Alvord finds the lower court properly denied defendant's motion for a sentence modification in his sexual assault case. Although he provided evidence of good behavior and rehabilitation in prison, the seriousness of his crimes outweighed any rehabilitative efforts. Defendant repeatedly raped a child with whom he shared a home and impregnated her at the age of 12, an act from which her mother claimed the child will never recover, especially considering she chose to carry the baby to term. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: November 9, 2023, Case #: AC45812, Categories: sentencing, sex Offender, Child Victims
J. Ryan finds the trial court properly imposed consecutive sentences in defendant's sex abuse case. The record shows defendant raped four victims, including his stepchildren and biological daughter, over a 12-year period and caused substantial harm to all of the victims, one of which was diagnosed with PTSD as a result of the abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: November 9, 2023, Case #: 2023-Ohio-4068, Categories: sentencing, sex Offender, Child Victims
J. Aoyagi finds the parole board erred by setting a sex offender’s risk level in the community. “The only plausible interpretation of the rule required the board to use the attending rules and research on the Static-99R website regarding sex-offense-free time in the community.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: November 8, 2023, Case #: A174855, Categories: sentencing, sex Offender
J. Bunn affirms the lower court's order revoking the probationer's supervised release from a 2018 sexual assault conviction, and sentencing him to two years imprisonment after he tested positive for cocaine and was charged with conspiracy to deliver crack cocaine following a traffic stop in November 2021. The trial judge did not abuse her discretion by conducting a hearing on the petition for revocation and making her own findings instead of empaneling a jury. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 7, 2023, Case #: 22-0197, Categories: Drug Offender, sentencing, sex Offender
J. Brown finds that defendant was properly resentenced to concurrent sentences of ten years on one count of cruelty to a juvenile and ten years on one count of sexual battery. The victim testified to defendant, her step-grandfather, physically, sexually and emotionally abusing her from the age of twelve until sixteen and ran away after defendant threatened to have sex with her in 2017. The district court determined that defendant used his position of power to commit the crimes and caused the victim significant damage, both during the commission of the crimes and for the rest of her life. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 3, 2023, Case #: 2023-KA-0350, Categories: sentencing, sex Offender
J. Greene finds that defendant was properly resentenced to 40 years imprisonment at hard labor, with 25 of those years being without benefit of parole, probation, or suspension of sentence, on his conviction for sexual battery on a victim under the age of thirteen years. In this case, the sentence was justified based on the circumstances of the crime. The victim was defendant's daughter, who was subjected to the abuse beginning when she was five or six years old and lasting for a period of five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 3, 2023, Case #: 2023 KA 0431, Categories: sentencing, sex Offender
J. Colvin finds that the trial court improperly sentenced defendant to 20 years in prison with one year to serve for his guilty plea to one count of felony child molestation. The sentencing scheme for child molestation set out in the statute violated defendant's equal protection rights. Defendant, who was 17 years old when he committed the offense against the 13-year-old victim, is similarly situated to defendants who receive a misdemeanor sentence for aggravated child molestation against a victim of the same age. Defendant received a more severe punishment than an offender who commits the aggravated version of the same offense only because defendant did not engage in sodomy, which would have made the offense aggravated. The case is remanded so defendant can be resentenced for misdemeanor child molestation. Reversed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: November 2, 2023, Case #: S23A0686, Categories: sentencing, sex Offender
[Consolidated] J. Walker affirms the lower court's amended sentencing order following defendant's claim that the original sentence imposed following his conviction for counts of sexual abuse constituted an ex post facto violation. Defendant argued portions of the law were harsher during his 2021 trial than when we was accused of committing the acts from 1998 through 2003. Defendant cannot demonstrate how his rights were "substantially affected" by the trial judge's instructions to the jury since he committed no plain error in making them, and defendant failed to preserve an objection to those instructions since those he submitted "did not meaningfully deviate from those in the standard charge."
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 1, 2023, Case #: 21-0969, Categories: Ex Post Facto, sentencing, sex Offender
J. Bunn affirms the lower court's order sentencing the Mercer County defendant to an indeterminate term of 10-25 years in prison after pleading guilty to sexually assaulting his then-11-year-old half-sister in 2019 while he was still 17-years old. Since defendant's attorney did not address it at any of the dispositional hearings prior to sentencing and defendant failed to complete a sex offender program to determine his fitness for supervised probation, the trial judge committed no error by failing to discuss mitigating circumstances in the statute before imposing the sentence. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: October 30, 2023, Case #: 21-0904, Categories: sentencing, sex Offender
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, to correct what he alleges is an illegal sentence for his sexual abuse of a minor conviction in 2009. Defendant claims that his consecutive sentences violate his double jeopardy rights. However, this is first time he has raised that issue in the over 10 years since the sentence, so the request is barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: October 27, 2023, Case #: S-23-0131, Categories: sentencing, sex Offender
J. Ellender finds that defendant was properly sentenced to four consecutive five-year hard labor sentences following guilty pleas to three counts of obscenity and one count of obscenity in the presence of a minor for intentionally exposing himself to a school bus carrying young children
as it passed by his house. The sentence was proper based on defendant's obscene conduct and his repeated arrests and convictions for similar behavior. Further, defendant has six prior felony convictions and could have been adjudicated a habitual felony offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: October 25, 2023, Case #: 55,302-KA, Categories: sentencing, sex Offender
J. Ortega finds the post-conviction court properly sentenced defendant to a 75-month prison sentence for two counts of first-degree sexual abuse against his step-granddaughters. “Applying the mandatory minimum sentence to his crimes would not ‘shock the moral sense’ of reasonable people in light of his conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 25, 2023, Case #: A177936, Categories: sentencing, sex Offender, Child Victims
J. Luckert finds a lower court properly denied a defendant's motion for counsel. The defendant, who was convicted on charges of rape, argued that he is entitled to representation to challenge his 272-month sentence. However, the defendant's motion is untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: October 20, 2023, Case #: 124,674, Categories: sentencing, sex Offender