9 results for 'cat:"Drug Offender" AND cat:"Sentencing" AND cat:"Plea"'.
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for distribution of meth and fentanyl. A confidential informant purchased drugs from defendant on three occasions and all evidence supports the convictions. Defendant was sentenced, cumulatively, to up to 14 years in prison. Though she says the sentences are excessive, all factors were properly considered and the appeal waiver provision bars defendant from appealing her sentence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-910, Categories: drug Offender, sentencing, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession in two indictments. Defendant contends the concurrent parts of his sentence were harsh, but he secured a "highly advantageous" plea agreement despite having an extensive criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112056, Categories: drug Offender, sentencing, plea
J. Neville finds that the appeals court properly held that defendant's negotiated plea agreement for possession of cannabis waived his claim to presentence custody credit. The agreement only provided credit for the 54 days he had spent in custody, not for time he spent on home detention prior to the plea, and this deal deserves the presumption that both parties came to a negotiated agreement over defendant's amount of sentence credit. Affirmed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: March 21, 2024, Case #: 129402, Categories: drug Offender, sentencing, plea
Per curiam, the circuit finds that the district court properly convicted defendant based on his guilty plea to conspiracy to distribute and possess with intent to distribute crack cocaine. Defendant claimed the plea was involuntary because he expected a below-guidelines sentence, but that belief had been subjective since the plea colloquy clearly confirmed that no particular sentence had been promised. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 5, 2024, Case #: 22-1539-cr, Categories: drug Offender, sentencing, plea
J. Abele finds the trial court properly denied defendant's motion to withdraw her guilty plea on a drug possession charge. She was represented by competent counsel, was given a full hearing prior to entering her plea and did not have a legitimate reason to alter the plea, other than a change of heart. However, the trial court erroneously failed to fully advise defendant of the sentencing requirements, including a presumption of release after the initial prison term; therefore, the case must be remanded to allow for proper sentencing instructions. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-58, Categories: drug Offender, sentencing, plea
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J. Doyle finds that defendant was improperly sentenced based on his guilty plea to misdemeanor charges of driving while barred and possession of marijuana, second offense, because defendant was not afforded his right to allocution during sentencing. Reversed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: July 26, 2023, Case #: 22-1129, Categories: drug Offender, sentencing, plea
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to drug possession and sale. After being discharged from a judicial diversion program for committing certain violations, defendant was sentenced to the maximum permissible term, which was not harsh given his criminal history and warnings he received concerning the possible sentence length. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 25, 2023, Case #: 111507B, Categories: drug Offender, sentencing, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to drug possession. However, because he is a predicate felony offender convicted of a drug-related felony, defendant should have been designated a second felony drug offender rather than as a second felony offender on the uniform sentence and commitment form. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 112487, Categories: drug Offender, sentencing, plea