14 results for 'cat:"Burglary" AND cat:"Plea"'.
J. Lynch finds that the lower court properly convicted defendant based on his guilty pleas to attempted burglary and aggravated harassment of a guard as a jail inmate because the record belied defendant's argument that he had not been fully apprised of the rights he was giving up by entering a plea. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 15, 2024, Case #: 112830, Categories: burglary, plea
J. Waldick finds the juvenile court properly granted the state's motion to transfer defendant's case to adult court. His history of juvenile criminal adjudications, none of which included successful rehabilitation efforts, and his significant involvement in the burglary and assaults at issue in the present case supported such a transfer. Meanwhile, the trial court properly granted the state's motion to revoke a plea agreement because defendant's refusal to communicate with the attorneys who negotiated the agreement constituted a repudiation of the plea, especially considering the attorneys withdrew their representation. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 11, 2023, Case #: 2023-Ohio-4473, Categories: burglary, Juvenile Law, plea
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J. Reynolds Fitzgerald finds that the lower court properly convicted defendant based on his guilty plea to attempted burglary. Defendant challenges the voluntariness of his plea, but he did not make statements casting doubt on his guilt during the plea colloquy or sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: October 5, 2023, Case #: 113579, Categories: burglary, plea
J. Egan finds that the lower court properly convicted defendant on his guilty plea to attempted burglary. Defendant challenged denial of a request for substitute counsel, after already succeeding once, but no abuse of discretion occurred as the court sufficiently inquired into defendant's dissatisfaction with counsel's recommendation that he pursue a guilty plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: August 3, 2023, Case #: 111747, Categories: burglary, plea
J. Corrigan finds that defendant's sentence for a burglary conviction improperly included a three-year probation term. Recent legislation that limits probation for most felonies to two years applies retroactively to cases that were nonfinal when the law became effective in 2021. Defendant, who agreed to the probation term when he pleaded guilty, will have the term shortened to two years while the rest of the plea bargain remains unchanged.
Court: California Supreme Court, Judge: Corrigan, Filed On: June 26, 2023, Case #: S271057, Categories: burglary, Probation, plea
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to burglary. Defendant contends proper procedures had not been followed in designating him a second felony offender, even though he had been aware he would be sentenced as such, but he failed to preserve the argument for review. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 1, 2023, Case #: 112433, Categories: burglary, Criminal Procedure, plea
Per curiam, the appellate division finds that the lower court properly sentenced defendant based on his guilty plea to burglary. The plea terms were altered following the discovery that the homeowner had been present during the burglary, but the enhancement did not render the sentence harsh. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 112116, Categories: burglary, Sentencing, plea