332 results for 'cat:"Plea"'.
J. Lewis denies defendant's petition for a writ of certiorari to challenge the trial court's denial of his request to withdraw his guilty plea. Defendant pled guilty to unauthorized use of a motor vehicle and was given a suspended sentence of 4 years in prison. The motion to withdraw his plea was filed 13 days after the pronouncement of judgment and sentence and the court deemed it untimely. Defendant had adequate notice of the 10-day deadline, and his status as a pro se litigant has no effect on this. No abuse of discretion is found, and counsel's motion to supplement the record is denied as unnecessary.
Court: Oklahoma Courts Of Appeal, Judge: Lewis , Filed On: May 30, 2024, Case #: C-2023-725, Categories: plea, Vehicle, Due Process
J. Mann finds the lower court improperly held the parties couldn't renegotiate a plea agreement. A defendant accused of stabbing an intoxicated person made a deal with the prosecution to lessen his charge before the trial started. The prosecution was incentivized to accept the plea because their victim and witnesses had spotty recollections of the incident. When the COVID-19 pandemic hit, the state implemented various processes to dispose of uncontested matters expeditiously, when practicable. Here, the parties agreed to a new plea agreement after their first plea agreement was neither accepted nor rejected by the trial court but rather postponed due to court closures. When the trial court became aware of this second plea agreement, it demanded that the first be enforced despite the parties withdrawing their assent to the agreement. The first plea agreement was never accepted by the trial court so the trial court’s insistence upon and implementation of a plea agreement that the parties had revoked was reversible error. Reversed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: May 30, 2024, Case #: 230403 , Categories: Criminal Procedure, Assault, plea
J. Dowd finds that the lower court properly convicted defendant of robbery and making a terroristic threat after accepting his guilty plea. Defendant was not provided ineffective assistance of counsel, because it was a strategic decision for counsel not to further investigate defendant's medical claims related to the six surgeries he underwent during his pre-plea incarceration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: May 28, 2024, Case #: ED111939, Categories: Ineffective Assistance, Robbery, plea
J. Stabile finds that the trial court improperly dismissed DUI and driving under suspension charges on grounds that the latter charge had been withdrawn by the state under a plea deal because the state had not dismissed the charge and could reinstate it when defendant appealed her DUI conviction. Reversed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 28, 2024, Case #: 2024PA Super 107, Categories: Dui, plea
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[Consolidated.] Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession and attempted possession of a weapon. Defendant contends he received a harsh sentence after he violated negotiated release conditions, but his valid oral appeal waiver precluded the claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 23, 2024, Case #: 112849, Categories: Sentencing, plea
J. McShan finds that the lower court should have vacated the conviction entered upon defendant's guilty plea to drug possession and aggravated unlicensed operation of a motor vehicle because defendant, a non-citizen, contends counsel did not advise him of the immigration consequences of his guilty plea, namely, that deportation would be mandatory. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 23, 2024, Case #: 111230, Categories: Immigration, Ineffective Assistance, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to rape following years of commitment as an incapacitated person. Defendant contends his sentence was severe, but the valid appeal waiver precluded the challenge. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 23, 2024, Case #: 113430, Categories: Competence, Sentencing, plea
J. Hunter finds that defendant properly pleaded guilty to possession of a firearm by a convicted felon and possession of a firearm while in possession of a controlled dangerous substance. However, defendant's sentence should be vacated because the trial court's decision to go from the previously agreed-upon 10-year concurrent sentences to a 27-year consecutive sentence is excessive. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: May 22, 2024, Case #: 55,590-KA, Categories: Sentencing, plea
J. Lorello finds that the trial court was within its discretion to sentence defendant to six years with a three-year minimum period of confinement for possession and possession with the intent to deliver. Also, as part of his plea agreement, he waived his claim that he is entitled to credit for the pre-judgment time he served as a sanction for violating drug court rules. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: May 22, 2024, Case #: 50135, Categories: Drug Offender, Sentencing, plea
J. Danilson finds that defendant was improperly sentenced for assault causing bodily injury and operating a motor vehicle without the owner’s consent after attacking a woman he met on a dating app for disengaging in a sex act, as the district court improperly considered defendant's decision to reject a plea offer and his refusal to admit guilt in imposing sentence.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: May 22, 2024, Case #: 23-1106, Categories: Sentencing, Assault, plea
J. Nalbandian finds that while defendant eventually pleaded guilty to a single charge of being a convicted felon in possession of a firearm, that alone did not demonstrate "acceptance of responsibility" for his crimes, especially considering he gave authorities a fake address and lived on the run with his girlfriend despite having two outstanding warrants; therefore, the trial court properly denied a sentencing guidelines reduction.
Court: 6th Circuit, Judge: Nalbandian, Filed On: May 21, 2024, Case #: 23-1216, Categories: Sentencing, plea
J. Ceresia finds that the lower court properly convicted defendant based on his guilty plea to driving while intoxicated because the court did not abuse its discretion by rejecting the negotiated sentence as inappropriate in light of the victim impact statement and the fact that defendant, who has four prior alcohol-related driving convictions, left the scene of an accident that caused serious injury. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 16, 2024, Case #: CR-23-0060, Categories: Sentencing, Dui, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to attempted drug sales. Defendant contends his appeal waiver was invalid, but while the written waiver was overly broad, the court's oral colloquy cured any defect. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 113671, Categories: Drug Offender, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to murder because the appeal waiver precluded harsh sentence claims. However, limited remittal is required to amend paperwork to indicate defendant had not been sentenced as a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 113715, Categories: Murder, Sentencing, plea
J. Jensen finds that the district court properly entered conviction following defendant's entered conditional Alford pleas on the charges of stalking, harassment, tampering with physical evidence, and three counts of disobedience of a judicial order. The lower court correctly denied defendant’s motion to sever and allowed the charges to be joined in a single action. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: May 16, 2024, Case #: 2024ND93, Categories: Evidence, plea
J. Bahr finds that the district court properly determined that no manifest injustice existed to necessitate defendant's attempt to withdraw a guilty plea after defendant pleaded guilty on an open plea to five felony counts concerning patronizing a minor for commercial sexual activity and possession of prohibited materials. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 16, 2024, Case #: 2024ND96, Categories: Sex Offender, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to rape because the claim that the waiver of indictment was defective, since it had not been executed in writing in open court in the presence of counsel, lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 113372, Categories: Criminal Procedure, plea
J. Yohalem finds the trial court erroneously granted defendant's motion to enforce a plea agreement revoked by the state on the eve of trial. Even though the state's actions caused a delay of several months, defendant was not prejudiced by the delay and the court could not apply the "detrimental reliance" exception. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: May 14, 2024, Case #: A-1-CA-40501, Categories: Criminal Procedure, plea
J. Baker holds that defendant failed to preserve his claim that the trial court improperly denied his motion to dismiss since he subsequently made a deal to plead guilty to criminal endangerment. Claims of pretrial error are not automatically appealable after a plea and the right to appeal pretrial rulings must be expressly reserved during the plea process. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 21-0648, Categories: Criminal Procedure, Dui, plea
J. McKinnon finds that defendant was not entitled to a mental health evaluation before he pleaded guilty for aggravated assault and attempted sexual assault since the record shows the plea was knowingly and voluntarily entered. His double jeopardy rights were not violated since the two offenses do not share the elements of sexual contact and serious bodily injury. But the trial court must revisit his ability to pay jury costs and the fee for a presentence investigation report. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: May 14, 2024, Case #: DA 21-0571, Categories: Assault, Double Jeopardy, plea
J. McCarty finds the lower court properly denied defendant's petition for postconviction relief based on the validity of his plea agreement. He not only signed a waiver, but also spoke in open court to enter his guilty plea, while the sentence handed down by the trial court did not exceed the statutory maximum. Even though the 40-year sentence was double what the state recommended, defendant acknowledged at his plea hearing the recommendation did not have to be followed and because it was within statutory guidelines, it did not nullify the plea agreement. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 7, 2024, Case #: 2023-CP-202, Categories: Sentencing, Sex Offender, plea