6 results for 'cat:"Escape" AND cat:"Vehicle"'.
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle and related charges. Officers testified to a pursuit involving a vehicle with no license plates that reached speeds of more than 100 mph and included sudden turns, as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: Evidence, escape, vehicle
J. Pirtle finds the trial court properly convicted defendant for operating a motor vehicle to avoid arrest. Officers conducting surveillance on a home saw defendant drive by and, while following him, defendant began driving at excessive speeds and making sudden turns. Pursuit was ended for safety concerns and officers identified defendant through vehicle registration records and his prior booking photos. Sufficient evidence supports the conviction, and all factors were properly considered in sentencing him to two years in prison, as well as a license suspension. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 7, 2024, Case #: A-23-721, Categories: Drug Offender, escape, vehicle
J. Heavican finds the district court improperly refused to consider defendant's motion for a deferred sentence. While being treated for post-traumatic stress disorder with schizophrenic symptoms resulting from a brain injury incurred during a military deployment, defendant was convicted by guilty plea for operation of a motor vehicle to avoid arrest. The district court erroneously concluded it did not have jurisdiction due to its conclusion that a cited statute involving a right to deferred judgment of conviction is unconstitutional. Reversed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 1, 2024, Case #: S-23-038, Categories: Probation, escape, vehicle
J. Johnson finds the trial court properly convicted defendant for evading arrest or detention with a motor vehicle. The record supports the state’s race-neutral explanation for its peremptory strikes of jurors with Hispanic surnames. Other jurors with Hispanic surnames served on the jury and the trial court could have reasonably determined that defendant failed to meet his burden to show that the facially neutral reason was pretextual. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-23-00070-CR, Categories: Jury, escape, vehicle
J. Hoyle finds the trial court properly convicted defendant for evading arrest with a motor vehicle and brandishing a deadly weapon: the vehicle. Evidence of pending criminal charges was properly admitted as being more probative than prejudicial. Defendant’s blood alcohol level was over the limit and he was found to be in unlawful possession of a shotgun which was found in the vehicle after his arrest. The arresting officer’s testimony on defendant’s dangerous driving was admissible lay testimony, and there is no abuse its discretion in allowing it. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 11, 2023, Case #: 12-22-00287-CR, Categories: escape, Weapons, vehicle
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J. Bishop finds the trial court properly convicted defendant, by no contest plea, for operating a motor vehicle in a willful reckless manner and evading. Defendant was pursued by several police cruisers with sirens and light activated, at speeds of up to 100 mph, causing accidents, and he had children in the vehicle. Despite defendant’s lack of education, as well as his mental health, substance issues and his criminal history supports the sentence of 18 months in prison. The court committed plain error by failing to order the revocation of defendant’s license. Affirmed as modified
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-842, Categories: Sentencing, escape, vehicle