16 results for 'cat:"Drug Offender" AND cat:"Probation" AND cat:"Sentencing"'.
J. Devaney finds that the circuit court erred in sentencing defendant after he pleaded guilty to possession of a controlled substance. While the lower court considered many factors and found them to be aggravating when it imposed a 5-year prison sentence, it also specifically found that defendant does not pose a significant risk to the public. Under that framework, the circuit court should have entered a sentence of probation. Vacated.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: February 28, 2024, Case #: 2024SD13, Categories: drug Offender, probation, sentencing
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J. Gruender finds a lower court properly sentenced a defendant to 15 months in prison for obtaining marijuana following a previous conviction for selling crack cocaine. The defendant argued that he was entitled to obtain marijuana with his marijuana card. However, the defendant engaged in private distribution of the drug by sharing it with his girlfriend. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: February 26, 2024, Case #: 23-2421, Categories: drug Offender, probation, sentencing
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: drug Offender, probation, sentencing
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. 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. 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. 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. Lambert finds the lower court properly revoked defendant’s probation, but improperly calculated the resulting sentence. Defendant was convicted in three separate cases and was sentenced to community control. When defendant violated the terms of his probation, he was ordered by the lower court to serve a split sentence of 30 months in prison, followed by 24 months of drug offender probation, on all counts in each case, to be served concurrently. While the instant court agrees with the probation revocation, the sentence must be amended so as not to exceed the statutory five-year cap; therefore, defendant is entitled to probation credit for the amount of time her served in excess of six months in his two earliest cases, to be credited against his 24 months of drug offender probation. Judgment in the third case is affirmed. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: July 21, 2023, Case #: 5D22-2761, Categories: drug Offender, probation, sentencing
J. Lambert finds the lower court properly revoked defendant’s probation, but improperly calculated the resulting sentence. Defendant was convicted in three separate cases and was sentenced to community control. When defendant violated the terms of his probation, he was ordered by the lower court to serve a split sentence of 30 months in prison, followed by 24 months of drug offender probation, on all counts in each case, to be served concurrently. While the instant court agrees with the probation revocation, the sentence must be amended so as not to exceed the statutory five-year cap; therefore, defendant is entitled to probation credit for the amount of time her served in excess of six months in his two earliest cases, to be credited against his 24 months of drug offender probation. Judgment in the third case is affirmed. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: July 21, 2023, Case #: 5D22-2762, Categories: drug Offender, probation, sentencing
J. Lambert finds the lower court properly revoked defendant’s probation, but improperly calculated the resulting sentence. Defendant was convicted in three separate cases and was sentenced to community control. When defendant violated the terms of his probation, he was ordered by the lower court to serve a split sentence of 30 months in prison, followed by 24 months of drug offender probation, on all counts in each case, to be served concurrently. While the instant court agrees with the probation revocation, the sentence must be amended so as not to exceed the statutory five-year cap; therefore, defendant is entitled to probation credit for the amount of time her served in excess of six months in his two earliest cases, to be credited against his 24 months of drug offender probation. Judgment in the third case is affirmed. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: July 21, 2023, Case #: 5D22-2763, Categories: drug Offender, probation, sentencing
[Consolidated] J. Lambert finds that, under Florida Supreme Court precedent, the trial court should have granted defendant credit for time he spent on probation in two of his three consolidated third-degree felony cases when it sentenced him to 24 months of drug offender probation in addition to a 30-month split sentence after revoking his probation. The trial court's judgments in the two cases are reversed, and the cases are remanded to calculate the exact amount of probation credit defendant should be awarded. The revocation of community control in defendant's third felony case is upheld, as he was not on concurrent probation for that case when his split sentence was handed down. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: June 16, 2023, Case #: 22-2761, Categories: drug Offender, probation, sentencing