13 results for 'cat:"Criminal Procedure" AND cat:"Theft"'.
J. Siler finds the trial court erroneously denied defendant's motion to dismiss fraud and identity theft charges for speedy trial violations. The 36-day delay between the trial court's competency evaluation order and defendant's transport to a facility for the evaluation violated his speedy trial rights, regardless of the fact the government did not know which facility would be used when the 10-day transportation clock began to run. Therefore, defendant's convictions on fraud and identity theft charges must be vacated and the case will be remanded to allow the trial court to determine whether the indictment will be dismissed with or without prejudice. Reversed.
Court: 6th Circuit, Judge: Siler, Filed On: April 30, 2024, Case #: 22-3797, Categories: criminal Procedure, Speedy Trial, Identity theft
J. Warner finds that the trial court improperly dismissed, as multiplicitous, allegations that a lab employee made payments to entities or persons for referring patients to a health care provider. The state properly charged the employee for the separate payments, which were used to improperly induce patients or patronage. This case is remanded for reinstatement of charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2022-2104, Categories: criminal Procedure, Fraud, theft
J. Bowes finds that the lower court improperly sentenced defendant pet sitter for to one to 18 months’ imprisonment for stealing a client’s approximately $10,000 haul of silver coins and currency to satisfy her gambling habit. The value of the property taken was never determined, so the sentence for theft by unlawful taking must be graded at its lowest level, a misdemeanor of the third degree, and sentenced as such. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: October 24, 2023, Case #: J-S27017-23, Categories: criminal Procedure, Sentencing, theft
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J. Harris finds the trial court improperly denied defendant's post-conviction motion claiming multiple instances of ineffective assistance of counsel at his trial for felony theft, fleeing and other charges. Portions of two of defendant's claims involving his counsel's alleged failure to obtain traffic camera footage and advise him to take a plea offer are not refuted by the record, so those portions of the trial court's order are overturned and remanded for the attachment of records or an evidentiary hearing. On remand the trial court also must allow defendant to amend another claim involving his counsel's failure to call a witness who reached out to the public defender's office before the trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: October 6, 2023, Case #: 23-0818, Categories: criminal Procedure, Ineffective Assistance, theft
J. Logue finds the circuit court properly denied defendant's motion to vacate his 2013 felony grand theft conviction and sentence to eight months in jail for violating his probation order. Although a statutory amendment by the Florida legislature downgrading defendant's original criminal actions to a misdemeanor took effect three days before his underlying probation violation conviction in 2019, the circuit court still had jurisdiction to enforce its original probation order from 2013, and defendant's arguments to the contrary fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 23, 2023, Case #: 23-0238, Categories: criminal Procedure, Probation, theft
J. Fisher finds that the lower court properly revoked probation and imposed a prison term based on defendant's guilty plea to grand larceny. Defendant made due process claims concerning the speed and sufficiency with which the probation violation had been handled, but he failed to preserve those objections by raising them at the appropriate times. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 29, 2023, Case #: 112843, Categories: criminal Procedure, Probation, theft