18 results for 'cat:"Criminal Procedure" AND cat:"Robbery"'.
J. Welbaum finds the trial court properly denied defendant's motion to merge his robbery and theft convictions for sentencing purposes. Although they involved the same incident of shoplifting, the theft occurred when he initially left the store, while the robbery took place as he fled from security and drove away in his vehicle. Meanwhile, the distinctive clothing worn by defendant when he was arrested and identified by the store employee, as well as merchandise found in defendant's home that matched items stolen from the store, was sufficient for the jury to convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 10, 2024, Case #: 2024-Ohio-1801, Categories: criminal Procedure, Evidence, robbery
J. Stevens affirms the trial court’s sentencing of defendant to 30 years in prison after a jury convicted him of armed robbery of a store. The trial court had no duty to inquire about whether there was a conflict of interest between the defendant and his defense attorney, who had recently been elected county district attorney. At trial, defendant’s counsel told the jury: “I’m the DA-elect. I’m the one that is going to be sitting in this chair come 2023.” On appeal, the defendant fails to specify any conflict of interest with his counsel even though he was not yet the county’s prosecutor. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: May 3, 2024, Case #: 06-23-171-CR, Categories: criminal Procedure, robbery, Sentencing
J. Ransom finds that the lower court properly convicted defendant of robbery and assault. He has not adequately shown that his lack of counsel at two pre-trial appearances resulted in any prejudice to him during trial. Further, he was not entitled to a transcript of his initial appearance because it was not an arraignment. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100247, Categories: criminal Procedure, robbery
J. McKeague finds the trial court properly applied a career offender enhancement to defendant's sentence because his previous Ohio robbery conviction qualifies as a crime of violence. Under this court's previous ruling, Ohio robbery is not considered "generic" robbery under federal sentencing guidelines, but meets the criteria for generic extortion, which always involves the use of force; therefore, the enhancement was properly applied. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: April 26, 2024, Case #: 23-3466, Categories: criminal Procedure, robbery, Sentencing
J. Smiley finds that the trial court did not exceed its jurisdiction when it entered summary judgment against a bail bond surety. An already extended exoneration period had expired, the bond had been forfeited and the trial court then waited until after it denied defendant's motion to vacate forfeiture to enter summary judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Smiley, Filed On: April 22, 2024, Case #: A166580, Categories: criminal Procedure, robbery, Bail
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J. Robinson finds that defendant was properly convicted of first degree robbery. The record shows no nonfrivolous errors regarding the conviction, and the evidence against defendant is overwhelming. Further, the trial court properly denied defendant's Batson challenge since the state asserted race-neutral reasons for the peremptory strikes of the black jurors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: April 10, 2024, Case #: 55,582-KA, Categories: criminal Procedure, Jury, robbery
J. Gallagher finds the trial court was not required to sever defendant's indictment and conduct separate trials. All three robberies were committed over a short period of time and involved similar characteristics, including being committed late at night on individuals alone in their cars, while the evidence for each crime was simple and direct, involving victim testimony from each of the incidents that was unlikely to confuse the jury. Meanwhile, because the outcome of the trial would have been no different if defendant's attorney had filed a motion to sever the indictment, defendant's ineffective assistance claim fails. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-958, Categories: criminal Procedure, Ineffective Assistance, robbery
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for stealing cell phones. Defendant failed to preserve his contention that the plea was neither knowing nor voluntary in a post-allocution motion, and no exception to the requirement was triggered. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 112352, Categories: criminal Procedure, robbery, Plea
J. McDermott finds that defendant was properly sentenced to a mandatory minimum term of 25 years in prison with a 70 percent requirement to serve based on his conviction for first-degree robbery. The district court did not abuse its discretion by considering a presentence investigation risk assessment because defendant had notice of the assessment and failed to present evidence demonstrating the assessment was unsound. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: January 26, 2024, Case #: 21-0102, Categories: criminal Procedure, robbery, Sentencing
Per curiam, the Seventh Circuit finds that the lower court improperly ruled it lacked authority to adjust defendant's restitution payment schedule. Defendant does not seek to alter the amount of restitution, but to modify the judgment to change the restitution schedule from "immediate," which allowed the government to take funds out of his prison account despite his upcoming hip surgery which will leave him unable to work. The court has this authority under section 3664(k). Vacated.
Court: 7th Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 23-1752, Categories: criminal Procedure, robbery, Restitution
J. Raphael finds that statute authorized the juvenile court to dismiss parts of a petition against a juvenile without dismissing the entire petition. The juvenile court dismissed one gun possession count that did not allow for his commitment to a secure youth treatment facility but retained the robbery and assault counts that did. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: August 3, 2023, Case #: E080284, Categories: criminal Procedure, Juvenile Law, robbery