13 results for 'cat:"Firearms" AND cat:"Murder" AND cat:"Sentencing"'.
J. Liu holds that the appeals court erred in limiting the resentencing authority of a trial court that had stricken a firearm enhancement. A trial court may impose a lesser included, uncharged enhancement that is supported by findings, even if the enhancement is from somewhere in the penal code other than the firearm enhancement statute. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: April 29, 2024, Case #: S275940, Categories: firearms, murder, sentencing
J. McCool finds that the lower court properly convicted defendant for attempted murder and discharging a firearm into an occupied automobile, but it improperly sentenced him on the firearm conviction. Because discharging a firearm into an occupied vehicle is a Class B felony, his sentence to life imprisonment without the possibility of parole on that conviction was unlawful. Accordingly, the matter is remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-2022-0934, Categories: firearms, murder, sentencing
Per curiam, the Supreme Court of Kansas finds a lower court properly convicted a defendant for capital murder after he killed four people, including a 18-month-old toddler. The defendant, who submitted eight versions of his offenses, argued that his sentence is unreasonable based on his claims that only one of his crimes was considered "heinous, atrocious, and cruel." However, the state presented sufficient evidence in court that it did not have to show that all of the killings were heinous in order to obtain a conviction. Affirmed.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: January 19, 2024, Case #: 115,964, Categories: firearms, murder, sentencing
J. Chamberlin finds the lower court properly convicted defendant on two counts of first-degree murder for a drive-by shooting that killed a man and a woman in their vehicle. Defendant was sentenced to life in prison for the murders with an additional five years for each count for a firearm enhancement. The instant court finds the firearm enhancement was improperly applied because a greater minimum sentence is already applied with the life sentence for murder. Portions of the sentencing related to the firearm enhancement should be vacated, but no error was found in any other aspects of sentencing. Reversed in part.
Court: Mississippi Supreme Court, Judge: Chamberlin, Filed On: January 18, 2024, Case #: 2022-KA-00696-SCT, Categories: firearms, murder, sentencing
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J. Welbaum finds that defendant's murder and assault convictions were supported by sufficient evidence, including his DNA and blood on the car driven during the drive-by shooting. Even if the state failed to establish he was the shooter, he could still have been found guilty under a theory of complicity. However, the trial court erroneously imposed a firearm specification on both the assault and murder convictions because the crimes involved the same course of conduct; therefore, the case will be remanded to remove one of the firearm sentencing enhancements. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: December 8, 2023, Case #: 2023-Ohio-4445, Categories: firearms, murder, sentencing
Per curiam, the appeals court finds the trial court improperly sentenced defendant upon his conviction of second-degree murder, attempted second-degree murder and possession of a firearm by a felon in connection with a drive-by shooting. Defendant's life sentence for second-degree murder stands, but his 30-year sentences on seven counts of attempted second-degree murder and firearm possession exceed what is allowed by statutes and cannot stand, in part because, though contradictory, the jury concluded defendant did not possess a firearm as to the attempted murder charges, so those counts cannot be reclassified as first-degree felonies. The case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-1362, Categories: firearms, murder, sentencing
J. Kamins finds the post-conviction court properly denied relief to petitioner who pleaded guilty to two counts of attempted aggravated murder with a firearm. “Counsel reasonably concluded that the jury would have viewed the footage as supporting a theory that petitioner acted out of revenge, rather than a desire to protect his friend.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 29, 2023, Case #: A177937, Categories: firearms, murder, sentencing
J. Hixson finds the lower court properly convicted defendant of first degree murder and possession of a firearm by a convicted felon for shooting a man in a store parking lot after an altercation. While defendant argues his sentence of life without parole to be served consecutively to 30 years for the firearms conviction is excessive, the instant court finds the lower court properly sentenced him as a repeat offender. Affirmed.
Court: Tennessee Court of Appeals, Judge: Hixson, Filed On: October 26, 2023, Case #: W2022-01796-CCA-R3-CD, Categories: firearms, murder, sentencing
J. Miller finds the trial court properly sentenced the 18-year-old defendant on his convictions for murder, assault with a firearm and shooting at an inhabited building. The court of appeals remanded the original 40-years-to-life sentence, which was changed to 25-to-life after certain enhancements were dismissed after considering defendant’s developmental issues. The trial court fully considered its non-dismissal of the firearm enhancement. Defendant does not claim the court abused its discretion and no abuse of discretion is found. According to the record, it is not reasonably probable the court would have reached a different result if it believed certain statutory mitigating circumstances also applied. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: October 26, 2023, Case #: A166053, Categories: firearms, murder, sentencing
J. Hendon finds defendant should be given the opportunity to file timely post-conviction motions challenging his 30-year prison sentence meted out after he allegedly violated his probation by committing attempted premeditated murder and possessing a firearm as a felon, in addition to failing to complete community service hours and other violations. Because defendant's claim that the trial court erred under Florida law by not making written findings about whether he was a danger to the community qualifying him as a violent felony offender of special concern was not preserved for appellate review, the trial court's findings are affirmed without prejudice to give him time to timely file post-conviction motions challenging his sentencing. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: June 7, 2023, Case #: 22-1232, Categories: firearms, murder, sentencing
J. Wiley finds that defendant's conviction for being a felon in possession of a firearm did not violate the Second Amendment, which is a constitutional right limited by Supreme Court decisions. Any error by the state's characterization of the provocation needed to support a voluntary manslaughter instruction was harmless, defendant was not due a self-defense instruction because no evidence showed he thought he was in danger, and involuntary manslaughter was off the table because he deliberately loaded a gun and moved to confront the victim at close quarters. The trial court must correct its sentencing order so that the 16-month sentence for the firearm conviction runs concurrently with his murder sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 5, 2023, Case #: B319448, Categories: firearms, murder, sentencing