18 results for 'cat:"Criminal Procedure" AND cat:"Sentencing" AND cat:"Sex Offender"'.
J. Menetrez finds that the trial court improperly denied defendant's motion to quash the state's subpoena seeking his case file in preparation for a resentencing hearing. The trial court must apply the factors in the appeal court's "Facebook Inc. v. Superior Court" opinion, which apply to subpoenas issued by both the defense and prosecution. That standard is used to determine if good cause exists to seek a defendant's entire case file, including medical and mental health records. Vacated.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 1, 2024, Case #: E081770, Categories: criminal Procedure, sentencing, sex Offender
J. Schock finds that although defendant completed the deferred judgment and sentence portion for several sexually-based offenses, the lower court properly denied his motion to be removed from Colorado's sex offender registry. He was convicted of assault in the same case and, therefore, is ineligible for removal. The exception that allows for removal from the registry following completion of a deferred sentence requires dismissal of the criminal case, but because defendant's assault conviction was not dismissed, and never will be, the exception does not apply to him. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: February 15, 2024, Case #: 2024COA14, Categories: criminal Procedure, sentencing, sex Offender
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J. Anderson affirms the defendant's sentence for third- and fourth-degree sexual conduct, finding that the U.S. Supreme Court's decisions in Apprendi v. New Jersey and Blakely v. Washington do not alter the paradigm set in Minnesota courts in State v. Ronquist, which limited a requirement of prosecution by indictment for offenses punishable by life imprisonment to offenses so punishable before the application of sentencing enhancements based on prior convictions. That case's reasoning also exempts cases where lifetime conditional release is a possibility. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: February 7, 2024, Case #: A22-0318, Categories: criminal Procedure, sentencing, sex Offender
J. Lucas finds that the trial court properly dismissed charges of failure to register as a sex offender by applying the statute that was active at the time of defendant's original conviction, which did not require him to register as a sex offender until his original sanction was completed. Defendant had not paid all fines, and thus had not completed his sanction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: January 26, 2024, Case #: 2D21-2784, Categories: criminal Procedure, sentencing, sex Offender
J. Stewart finds the appeals court erroneously determined the trial court could not revise defendant's sex offender classification. Defendant was required to register as a Tier I sex offender for 10 years under Megan's Law and could not seek early termination of his registration requirements, as that classification is mandated by the sentencing laws in effect at the time of a defendant's conviction. Furthermore, defendant's registration requirements under Megan's Law commenced on the date of his conviction in Ohio, regardless of the fact he moved to Kentucky immediately after the conviction, and the 10-year period was not tolled during his residence in Kentucky. Reversed in part.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 31, 2023, Case #: 2023-Ohio-3027, Categories: criminal Procedure, sentencing, sex Offender
J. Mercier finds that the trial court improperly dismissed defendant's pro se motion to modify or reduce his sentence for child molestation, sodomy and statutory rape convictions. The decision to dismiss was based on a holding by the Georgia Supreme Court related to a layperson's right to represent himself while also being represented by an attorney. The holding was overturned by the Georgia Supreme Court's decision earlier this year in Johnson v. State. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 16, 2023, Case #: A23A1186, Categories: criminal Procedure, sentencing, sex Offender
J. Halligan finds that the appellate division properly remitted defendant's recidivism classification based on the incorrect calculation of his sex offender risk assessment score. Correcting the error on remittal was within the court's authority, but a higher risk level remained available upon taking a full look at defendant's behavior. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 50, Categories: criminal Procedure, sentencing, sex Offender