21 results for 'cat:"Evidence" AND cat:"Probation"'.
J. Johnson finds the trial court properly convicted defendant for misdemeanor theft, sentencing her to community supervision. Surveillance video from Academy sporting goods shows defendant taking two $300 Yeti coolers from the store without paying. The store director also identified defendant at trial. Furthermore, defendant fails to present an argument as to how she was prejudiced by trial counsel’s alleged deficiencies. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 1, 2024, Case #: 09-23-00281-CR, Categories: evidence, probation, Theft
J. Menashi finds that the district court properly revoked probation imposed upon defendant's conviction for drug trafficking and sentenced him to prison for violating the terms of release by repeatedly raping his teenage daughter over the course of a year. Defendant contends he received ineffective assistance at the violation hearing when counsel failed to present medical evidence indicating he was physically incapable of rape due to previous injuries, but he failed to demonstrate that any shortcoming had been prejudicial in light of his admission that he had sex with his wife on the same air mattress where some of the rapes occurred. Meanwhile, the sentence did not constitute an abuse of discretion. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: April 30, 2024, Case #: 22-1775, Categories: evidence, Ineffective Assistance, probation
J. Palafox finds a lower court did not err in revoking community supervision for defendant, imposed as part of two separate cases. Defendant argued there was not adequate evidence at his revocation hearing that he had taken a truck without permission, but the owner clarified defendant did not have permission in this case, and — although defendant was permitted to use the truck for work-related duties — in this case he admitted “he had taken the truck not for necessities but to purchase Xanax for himself.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00018-CR, Categories: evidence, probation
J. Palafox finds a lower court did not err in revoking community supervision for defendant, imposed as part of two separate cases. Defendant argued there was not adequate evidence at his revocation hearing that he had taken a truck without permission, but the owner clarified defendant did not have permission in this case, and — although defendant was permitted to use the truck for work-related duties — in this case he admitted "he had taken the truck not for necessities but to purchase Xanax for himself." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00022-CR, Categories: evidence, probation
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J. Kellum finds that the lower court improperly revoked defendant's community-corrections sentence. Defendant had been given a split sentence in which "he was ordered to serve 2 years in community corrections, followed by 5 years' supervised probation," based on his guilty plea to a firearm charge and receiving stolen property. The revocation order was based on insufficient evidence. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: March 22, 2024, Case #: CR-2023-0843, Categories: evidence, probation, Sentencing
J. Wright finds the county court properly revoked defendant's community supervision. Defendant violated the terms of his community supervision by drinking alcohol, failing to submit to drug tests and by assaulting his mother. He says the court erroneously believed he was on community supervision for assaulting his mother, when in fact it was for assaulting his mother's domestic partner. A previous assault on his mother was correctly one of the grounds for revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 21, 2024, Case #: 09-23-00056-CR, Categories: evidence, probation, Assault
J. Logue finds the trial court properly found that defendant willfully violated the terms of his probation by associating with a person engaged in criminal activity, in this case being caught by police standing in an alley with two people while one of them of was handling a crack pipe. The evidence in the record, including the fact that defendant was standing "shoulder to shoulder" with the man with the crack pipe and yelled out and warned the others when he saw the police officers, is sufficient to support the trial court's finding, even if some of the evidence is circumstantial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: February 21, 2024, Case #: 22-2024, Categories: evidence, probation
J. Brown finds the trial court properly found defendant guilty of failure to comply with sex offender registration and reporting requirements. When defendant moved during the Covid-19 pandemic, a sign-in sheet available to those registrants required to report in-person did not contain defendant's signature. Water usage reports at a residence for which defendant applied for service show consistent usage during a period in which no change of address was reported by defendant. All evidence supports the court's finding that defendant failed to report his change of address. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 17, 2024, Case #: CR-23-329, Categories: evidence, probation, Sex Offender
J. Cole finds that the lower court improperly revoked defendant's probation based on the alleged probation violations. Specifically, the state failed to produce "sufficient nonhearsay evidence" connecting defendant to the alleged violations. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-2023-0338, Categories: evidence, probation
J. May finds a lower court ruled correctly in convicting defendant of meth possession and resisting law enforcement and revoking his probation as a result of these new convictions. There was adequate evidence for both convictions, including because defendant “sprinted away” from an encounter with authorities, and revoking defendant’s probation was reasonable given his “failures to lead a law-abiding life.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: November 20, 2023, Case #: 22A-CR-3060, Categories: Drug Offender, evidence, probation
J. Clark finds that the lower court properly revoked probation after defendant was charged with choking a girlfriend into unconsciousness during an argument. The girlfriend subsequently contradicted her claims about being choked, but revocation was supported by evidence provided by police and other people to whom the girlfriend spoke following the incident. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 16, 2023, Case #: 113272, Categories: evidence, probation
Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for drug possession charges. The revocation was based on her pleading true to charges of possession, resisting arrest and tampering with evidence. Testimony by her supervision officer and a police officer support the convictions, and defendant's counsel has filed a brief stating that there are no arguable issues. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00101-CR, Categories: Drug Offender, evidence, probation
J. Christensen finds that defendant was properly convicted of first-degree robbery and willful injury causing serious injury after he attacked a man with a baseball bat outside the man's apartment complex based on evidence including the victim’s testimony and corroborating surveillance video of the attack. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 22-0324, Categories: evidence, probation, Assault
J. Green finds a lower court properly dismissed a civilian's motion for a new trial. The civilian argued that the State erred in charging her for disorderly conduct. However, the State presented sufficient evidence in court that the defendant's sentence of six months of non- reporting probation and a 30 days sentence was justified by evidentiary testimony, which she failed to timely object. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green , Filed On: September 15, 2023, Case #: 125,695, Categories: evidence, Fair Trial, probation
J. Miller finds the trial court properly revoked defendant's probation and sentenced him to 25 years in prison for violating his probation in part by committing armed burglary and lewd exhibition and associating with a person engaged in criminal activity. Although defendant correctly notes that his probation was revoked in part based on hearsay evidence, that hearsay evidence was sufficiently backed up by other evidence from the police, the burglary victim and defendant's own admissions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: July 26, 2023, Case #: 22-0703, Categories: Burglary, evidence, probation
J. Sutton finds the lower court properly placed the burden of proof on defendant to prove his release would not create a substantial risk of harm to the public. The relevant statute and case law requires the presumption a defendant who pleaded guilty by reason of insanity is dangerous to society if they are not properly rehabilitated. Regardless, the trial court properly revoked defendant's probation because his behavior, including a failure to abide by his treatment regimen and threats of violence against family members, made him a threat to those around him and the public at large. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: June 12, 2023, Case #: 22-5002, Categories: evidence, probation, Threats
Per curiam, the Fifth Circuit finds the lower court properly revoked the probationer’s terms of supervised release, convicted for aiding and abetting the theft of firearms from a licensed dealer. Proof presented at the revocation hearing, including defendant’s failure to submit financial documentation and a positive urinalysis, justify revocation, Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 8, 2023, Case #: 21-60950, Categories: evidence, Firearms, probation
J. Tufte finds that the district court properly issued an order revoking probation after defendant pleaded guilty to two counts of endangerment of a child. Defendant alleged that his probation revocation was without proper notice and that inadequate findings were made against him. Defendant did not contest the five noted violations of his probation and admitted to those violations. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: May 30, 2023, Case #: 2023ND97, Categories: evidence, probation
J. Feuer finds that the trial court properly admitted testimony from a store manager as to the value of stolen dumbbells. The testimony was not hearsay and defendants were entitled to present their own evidence about the dumbbells' fair market price. However, it was error to order them to pay the cost of their probation services. Reversed in part.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 15, 2023, Case #: B315241, Categories: evidence, probation, Theft