12 results for 'cat:"Burglary" AND cat:"Robbery"'.
J. Peterson finds that the trial court properly convicted defendant of murder, armed robbery, burglary and possession of a firearm during the commission of a crime. The trial court correctly denied defendant's motions for mistrial. The state's failure to timely disclose the inconclusive results of a test comparing another suspect's hair to hair recovered from a stocking cap did not significantly impact defendant's defense. Defendant failed to show that he was prejudiced by the state's failure to tell him that his first custodial interview was recorded. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: April 30, 2024, Case #: S24A0399, Categories: burglary, Murder, robbery
J. Warren finds that the trial court properly convicted defendant of murder, armed robbery and burglary. Sufficient evidence was presented to show that defendant was a party to the crimes. The trial court correctly instructed the jury and did not commit any error in admitting into evidence a short recording of a jail phone call between defendant and his mother. None of the statements made by defendant during the call implied that defendant wanted to negotiate a plea deal with the state. Although the jury was not aware that one witness had an incentive to testify against defendant, the testimony was mostly cumulative of other evidence and defendant failed to show that the witness's alleged deal with the state would have impacted the verdict. The trial court incorrectly convicted defendant of possession of a firearm during the commission of aggravated assault. That count should have merged into defendant's conviction for firearm-possession based on murder. Affirmed in part.
Court: Georgia Supreme Court, Judge: Warren, Filed On: April 30, 2024, Case #: S24A0011, Categories: burglary, Murder, robbery
J. Danilson finds that defendant was properly convicted of robbery and burglary because evidence indicates he stole drugs and money from a man during a drug deal that resulted in another man dying from a gunshot wound. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 24, 2024, Case #: 22-1666, Categories: burglary, robbery
J. McMullen finds the lower court properly dismissed defendant’s pro se petition for writ of error coram nobis. Defendant was convicted of aggravated burglary, aggravated robbery and employing a firearm during the commission of a dangerous felony for his role in detaining a victim and taking items from the victim’s apartment. Defendant received an effective sentence of life without parole. Defendant filed his petition five years after the finalization of his convictions and sentence, far beyond the one-year statute of limitations, and it was dismissed accordingly. Defendant argues the statute of limitations should be tolled as he claims discovery of new evidence, but the instant court finds the newly discovered evidence, an affidavit, is from someone known at the time of trial that the defense never called as a witness, and would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: April 22, 2024, Case #: M2023-00858-CCA-R3-ECN , Categories: burglary, Evidence, robbery
J. Jacquot finds the trial court erred by ordering defendant to consecutive sentences. “Any threats defendant may have made against [victims] would not provide grounds for the imposition of a consecutive sentence under these circumstances.” The matter is remanded for resentencing.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A176231, Categories: burglary, robbery, Threats
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[Combined.] J. Fisher finds that the lower court properly convicted defendant following his guilty plea to robbery and then revoked his earlier probation on conviction for attempted burglary. The concurrent terms he received as a result were not harsh, as one represented the statutory minimum for a second violent offender. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 8, 2024, Case #: 112435, Categories: burglary, robbery, Sentencing
J. Land finds that the trial court properly convicted defendant of armed robbery, false imprisonment, aggravated assault, burglary, cruelty to children and firearm offenses arising out of a home invasion. The trial court correctly denied defendant's motion for a mistrial after the state's timeline and work product inadvertently went back with the jury during deliberations for about 90 minutes. The trial court gave the jury a limiting instruction directing them not to consider the timeline during deliberations. The small amount of extra-judicial information on the timeline was non-prejudicial. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A1078, Categories: burglary, Jury, robbery
J. Greer finds that defendant was properly convicted of burglary and robbery after he entered a hotel room in order to procure rent because defendant entered the room wearing a mask along with a friend who threatened the occupants with a "billy club," specifically, "a wooden bat with nails on the end." Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 9, 2023, Case #: 22-1430, Categories: burglary, robbery
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated robbery and aggravated burglary for taking electronics and other items from the victim’s apartment at gunpoint. Defendant was sentenced to 15 years for the aggravated robbery and 8 years for the aggravated burglary to run concurrently. Defendant’s claim of ineffective assistance of trial counsel is not substantiated, as he failed to show that trial counsel was defective in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: June 27, 2023, Case #: M2022-00727-CCA-R3-PC, Categories: burglary, Ineffective Assistance, robbery