44 results for 'cat:"Burglary" AND cat:"Sentencing"'.
J. Hutchison affirms the lower court's order denying defendant's motion to correct its order for a six-month suspended sentence on a misdemeanor charge of joyriding in lieu of 10-days of actual jail time followed by one-year unsupervised probation to reflect time-served for good behavior. The judge did not abuse his discretion by instructing defendant to file a separate civil suit against the West Virginia Division of Corrections and Rehabilitation within three months, then denying her motion when she failed to provide notice of a suit.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 17, 2024, Case #: 22-685, Categories: burglary, sentencing, Vehicle
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J. Seely finds the trial court improperly denied post sentencing motions for a defendant charged with burglary when he challenged his sentence on the grounds of double jeopardy. The state argues the trial court no longer had jurisdiction to consider a post-sentencing request. The trial court does not have jurisdiction because the case had begun, and the defendant failed to file his post-sentencing motion within the time period allowed to rule on the motions. This case is remanded for further proceedings to dismiss the motions. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46463, Categories: burglary, sentencing, Jurisdiction
J. Standridge finds a lower court properly convicted a defendant on two counts of first- degree premeditated murder of two female victims. The defendant, who was sentenced to 146 months in prison and two consecutive life sentences, argued that the lower court abused discretion by allowing the state to present gruesome autopsy photos during trial. However, the government sufficiently showed in court that the photographs in question were properly admitted and were not considered unduly prejudicial. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: February 23, 2024, Case #: 124535, Categories: burglary, Murder, sentencing
[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. Greer finds that defendant was properly sentenced to incarceration for burglary and other charges based on his guilty plea to breaking into an apartment and assaulting its occupants because defendant had been unsuccessful during probation or parole at least six times for past crimes. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 23-0551, Categories: burglary, sentencing, Assault
J. Baldwin finds the trial court properly imposed the maximum sentence following defendant's guilty plea on various charges because not only did the court make all required factual findings, but the sentence was within the statutory range and supported by defendant's lengthy criminal history, which began when he was eight years old. However, the trial court failed to make certain factual findings before it imposed violent offender specifications, and so the case will be remanded to allow for the proper analysis. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: January 31, 2024, Case #: 2024-Ohio-327, Categories: burglary, sentencing, Theft
J. Wicker upholds defendant’s conviction for aggravated burglary, finding the evidence — including his confession — overwhelming. However, the trial court improperly restricted statutory benefits in defendant’s sentence, and thus amends his sentence to remove the restriction of benefits for the last five years of his 20-year sentence. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-KA-167, Categories: burglary, sentencing
J. Pritzker finds that the lower court properly declined to adjudicate defendant as a youthful offender after he pleaded guilty to burglary. That defendant was 18 years old at the time and had been placed in foster care at an early age due to parental neglect did not overcome his history of serious and violent crimes, including multiple burglaries. However, the sentence on one of two counts in defendant's conviction should be reduced in the interest of justice. Affirmed.s
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 21, 2023, Case #: 112252, Categories: burglary, Juvenile Law, sentencing
J. Gustafson holds that the state's petition to revoke defendant's suspended sentence was untimely. Defendant should have been credited for spent in federal prison concurrent with the suspended sentence for his underlying state burglary conviction, so his sentence expired before the state filed its petition. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 19, 2023, Case #: DA 22-0048, Categories: burglary, Habeas, sentencing
J. Schock finds the trial court improperly sentenced defendant for her conviction on charges of possession of meth with intent to distribute. Defendant was convicted for burglary, conspiracy, theft, possession with intent to distribute and identity theft. All charges but the possession charge stem from her burglary of a home, which was evacuated due to an approaching fire. Defendant’s 64-year habitual criminal sentence for possession with intent to distribute, based on two prior convictions for the same, raises an inference of disproportionality and must be reviewed. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock , Filed On: December 14, 2023, Case #: 2023COA120, Categories: burglary, Drug Offender, sentencing
J. Brown finds that defendant was properly sentenced to twelve years at hard labor on his guilty plea to simple burglary. In this case, defendant's motion challenging his sentence is untimely because it was filed more than two years after his conviction and sentence became final. Further, defendant did not claim that his sentence was illegal under the sentencing statutes. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 14, 2023, Case #: 2023-K-0762, Categories: burglary, sentencing
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to burglary after he kicked down the door to his estranged wife's residence and attacked her with a hammer and screwdriver. His sentence, which took into account his long and violent history of assaulting others, was not unduly harsh and did not merit reduction in the interest of justice. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: 110576, Categories: burglary, sentencing
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to committing burglary while on probation for a prior offense. Defendant subsequently secured time in a drug treatment program, but he continued to violate its terms and was sentenced to prison as a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: 112731, Categories: burglary, Probation, sentencing
J. Stabile finds that the lower court properly sentenced defendant to 10 to 20 years’ imprisonment for burglary after reversing a declared mistrial based on the jury’s verdict not being unanimous, according to a poll requested by defendant that was conducted after the jury had been released. Defendant’s right to poll the jury expired upon dispersal of the jury. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 29, 2023, Case #: J-A19025-23, Categories: burglary, Jury, sentencing
J. Thompson upholds defendant's consecutive 36-month sentences for his guilty pleas to two counts of burglary. The superior court properly determined his motion for a reduced sentence was untimely filed 120 days after his sentence was imposed. Affirmed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: November 22, 2023, Case #: 22-CO-0783 , Categories: burglary, sentencing
J. Minor finds that defendant was properly convicted for burglary, assault and intimidating a witness. The lower court did not err in denying his motion to suppress or by allowing collateral-act evidence. Defendant is due to be resentenced, however, as to his conviction for intimidating a witness. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: November 3, 2023, Case #: CR-21-0143, Categories: burglary, sentencing, Witnesses
[Consolidated.] J. Edelstein finds the trial court erroneously imposed a definite sentence following defendant's conviction for aggravated burglary. The Reagan Tokes Law, which was recently held constitutional by the Ohio Supreme Court, applied to the crime and required an indefinite sentence, which must be imposed on remand. Meanwhile, the trial court properly allowed the state's expert witness, a nurse, to testify about the injuries sustained by the victims. Although her qualifications were not provided to the defense until immediately prior to her testimony, the evidence she provided was not crucial in establishing any of the elements of the crimes for which he was convicted. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: November 3, 2023, Case #: 2023-Ohio-3994, Categories: burglary, sentencing, Experts
J. Kennedy finds a previous opinion of this court incorrectly applied Ohio law to defendant's consecutive sentences for theft and burglary. Statutory language requires appeals courts to defer to the findings of trial courts on appeal, not conduct a de novo review, and so the original sentences imposed by the trial court and upheld by the appeals court will be reinstated. There was no clear and convincing evidence the trial court violated defendant's Eighth Amendment rights when it imposed consecutive sentences that totaled 65 years, and because it followed all sentencing requirements and guidelines, the appeals court properly upheld the sentences. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 25, 2023, Case #: 2023-Ohio-3851, Categories: burglary, sentencing, Theft
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for burglary and obstruction. Defendant was caught in the act of stealing an Xbox from an apartment when police responded to the apartment manager’s call. The minimum limit of defendant’s combined concurrent sentences is 16 months and the court’s statement of parole eligibility was nine months. Pronounced terms prevail over any conflict with truth-in-sentencing advisements. Without loss in good time, defendant is parole eligible after eight months. Because the truth-in-sentencing statements are not part of the sentence, no modification is required. The record does not disclose conversations between counsel and defendant and the court of appeals is unable to review claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 17, 2023, Case #: A-23-170, Categories: burglary, sentencing, Obstruction
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, for a sentence reduction stemming from his series of burglary and assault convictions. While the lower court did improperly conclude that the petition was untimely, the mistake was harmless because the court also ruled that the request lacked merit. This is because defendant did not bring forward any meaningful or new information that supports his reduction request. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: September 22, 2023, Case #: S-23-0089, Categories: burglary, sentencing, Assault