19 results for 'cat:"Sentencing" AND cat:"Vehicular Homicide"'.
J. Yun finds the lower court properly dismissed defendant's gross disproportionality challenge to his 48-year prison sentence. The second-degree murder charge to which he pleaded guilty following the fatal drunk driving crash is a per se serious offense, while the physical and emotional damage inflicted on both the victims and their families warranted the maximum sentence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 9, 2024, Case #: 2024COA49, Categories: Murder, sentencing, vehicular Homicide
J. Pritzker finds that defendant was properly sentenced based on his guilty plea to aggravated vehicular homicide and aggravated driving while intoxicated for driving the wrong way on a state highway and hitting an oncoming vehicle, killing one occupant and severely injuring another. Defendant points to his limited criminal history and that he had been in grief following his daughter's death in a car accident the year before, but the negotiated sentence took into account the life-altering impact this event had on him and his victims' families. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 25, 2024, Case #: 112475, Categories: sentencing, vehicular Homicide
J. Ledet finds that defendant was properly sentenced to a cumulative 65 year sentence on his guilty plea to a sixteen-count indictment arising from a drunk driving incident that took place after a parade where he drove into a crowd, including seven bicyclists, fatally injuring two of the bicyclists. Although defendant did not have a prior criminal conviction, his criminal history included a DWI that involved drinking and driving at a parade route. Further, the circumstances of his first degree negligent injuring offenses involved inflicting injury on six victims, excluding the two fatality victims, the vehicular negligent injuring victim, and property damage, and those sentences were ordered to run concurrently, not consecutively. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 17, 2024, Case #: 2023-KA-0591, Categories: sentencing, vehicular Homicide
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J. Savoie vacates the driver's sentence for vehicular homicide for driving while intoxicated and rear-ending another vehicle, resulting in the other driver's death. The original judge changed the 30 eight-hour days of community service to 480 hours, but the trial court did not specify how much of the community service consisted of prevention, or how much "extra time, extra credit" this community service would count if the driver brought her children to church with her. Vacated.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: KA-23-779, Categories: Probation, sentencing, vehicular Homicide
J. Marcotte vacates the adjudication of defendant as a second-felony offender because the record shows that he has two predicate felonies,
convictions for simple burglary and possession of cocaine, and should be sentenced as a third-felony offender for his 1999 conviction for vehicular homicide. However, defendant should be sentenced as a third-felony offender under the 2001 amended statute. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,559-KA, Categories: sentencing, vehicular Homicide
J. Clay finds the trial court applied an upward variance to defendant's sentence on a conviction for involuntary manslaughter because the seriousness of his conduct, including driving drunk while under the age of 21 and speeding at over 90 miles per hour on a dangerous road, was not already included in the base sentencing guidelines, while prior misdemeanor convictions also supported an above-guidelines sentence. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: February 27, 2024, Case #: 23-5141, Categories: sentencing, vehicular Homicide
J. Colvin finds that the trial court properly sentenced defendant to serve 15 years following his guilty plea to vehicular homicide, DUI and other offenses. The trial court did not commit any error in considering defendant's status as an undocumented immigrant during sentencing. The trial court did not violate the due process and equal protection clauses when it refused to probate any portion of defendant's sentence and applied a statute allowing trial courts to refuse to probate a sentence if a defendant would be subject to deportation while serving a probated sentence. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 20, 2024, Case #: S23A1135, Categories: sentencing, Dui, vehicular Homicide
J. Stewart orders the trial court to strike the multiple-murder special circumstance from defendants' first and second degree murder convictions, and it must revisit their petitions for resentencing on a gang-murder special circumstance because statute does not bar relief even where a jury found a defendant intended to kill. However, the trial court had discretion when it declined to dismiss their prior serious felony enhancements. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: December 28, 2023, Case #: A162472, Categories: Murder, sentencing, vehicular Homicide
J. Arterburn finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. The state proved that defendant had been convicted of two prior offenses carrying prison sentences of 1 year or more. Defendant does not contest this, and the evidence clearly supports the habitual criminal enhancement. Furthermore, defendant fails to show he received ineffective assistance of counsel. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 12, 2023, Case #: A-23-203, Categories: Evidence, sentencing, vehicular Homicide
J. Dwyer finds that the lower court properly sentenced defendant for his vehicular homicide and hit-and-run convictions. Defendant claims the lower court improperly calculated his offender score, resulting in an exceptional sentence imposed against him. Claims of insufficient evidence to support the sentence are without merit and the lower court properly found he had not met his burden of showing that his multiple offenses should be counted as a single offense. Affirmed.
Court: Washington Court Of Appeals, Judge: Dwyer , Filed On: November 7, 2023, Case #: 84547-1-I, Categories: sentencing, vehicular Homicide
J. Kautz finds that the lower court properly denied defendant's motion to correct a sentence stemming from his two vehicular homicide convictions. Defendant was ordered to serve his sentences for both counts consecutively, and defendant claims multiple sentences for the same car accident violated his double jeopardy rights. He already raised this issues during a direct appeal in 2015, leaving this motion barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: November 1, 2023, Case #: S-23-0091, Categories: sentencing, Double Jeopardy, vehicular Homicide
J. Windhorst vacates defendant's sentence of 30 years' imprisonment on his conviction for vehicular homicide while under the influence of alcohol with a blood alcohol content of 0.20 percent or more and other drugs. In this case, since the bill of information charged defendant with a blood alcohol content of 0.20 percent or more and having two prior DUI convictions, his sentence should have been imposed with a restriction of benefits for any period of time as required by statute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: October 31, 2023, Case #: 23-KA-78, Categories: sentencing, Dui, vehicular Homicide
J. Stiles finds that defendant was properly given a 30-year sentence on his conviction for vehicular homicide over a fatal crash involving a pedestrian. The record shows that the trial court appropriately considered the aggravating circumstances and mitigating factors in imposing the sentence. Also, the sentence was not excessive since the mandatory fine was not imposed, and seven years of the sentence were suspended, while only the first three would be served without probation, parole or suspension. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: October 4, 2023, Case #: KA-23-162, Categories: sentencing, Dui, vehicular Homicide
J. Robinson that the district court properly sentenced defendant to 5 years at hard labor for first degree vehicular negligent injuring and 25 years at hard labor for vehicular homicide. In this case, defendant showed signs of impairment at the scene and tested positive for benzodiazepine, cannabinoids and cocaine. Further, there were numerous letters regarding defendant's character describing him of being a person known for drug use and partying. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: September 27, 2023, Case #: 55,286-KA, Categories: sentencing, vehicular Homicide
J. Fox finds that while the trial court erroneously designated vehicular homicide a per se grave or serious offense, its sentence of 29 years in prison did not violate defendant's Eighth Amendment rights against cruel and unusual punishment. The facts of her particular case, which included a history of drunk driving, an excessive blood alcohol level at the time of the accident and the number of injuries sustained to others, allowed for an upward departure from the sentencing guidelines. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: September 21, 2023, Case #: 2023COA83, Categories: sentencing, Cruel And Unusual Punishment, vehicular Homicide
J. Damoorgian finds that the trial court improperly denied defendant a downward departure sentence on her conviction stemming from a fatal motor vehicle collision because the court improperly determined comparative fault could not be considered as a basis for imposing a downward departure. Reversed.
Court: Florida Courts Of Appeal, Judge: Damoorgian, Filed On: June 7, 2023, Case #: 4D22-801, Categories: sentencing, vehicular Homicide