75 results for 'cat:"Probation" AND cat:"Sentencing"'.
J. Kellum finds that the lower court properly convicted defendant on multiple counts of voyeurism but improperly sentenced him. The lower court did not err by admitting evidence of certain Internet searches that were extracted from defendant's phone. The court notes that the probationary terms of the split sentences are unlawful, however, and the matter is remanded for another sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0008, Categories: Criminal Procedure, probation, sentencing
J. Golemon finds the trial court properly revoked defendant's deferred adjudication community supervision. Convicted by guilty plea as a habitual offender for unlawful possession of a firearm by a felon, defendant was found to have violated the terms of his supervision and was sentenced to 45 years in prison. Counsel has found no arguable grounds for relief and defendant has filed no response. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 1, 2024, Case #: 09-23-00184-CR, Categories: Firearms, probation, sentencing
J. Cabranes finds that the district court properly held that defendant's three-year term of supervised release for firearms possession began when imprisonment ended, not upon release from federal custody. Defendant had been transferred to New York custody on state charges of attempted murder, the conviction of which was vacated based on procedural error, and he was eventually freed when charges were dismissed on retrial. Defendant sought release from probation after spending four years in pretrial detention, but precedent holds that "imprisonment" ends when federal supervised release begins. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: April 23, 2024, Case #: 23-6394-cr, Categories: probation, sentencing
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Savoie vacates the driver's sentence for vehicular homicide for driving while intoxicated and rear-ending another vehicle, resulting in the other driver's death. The original judge changed the 30 eight-hour days of community service to 480 hours, but the trial court did not specify how much of the community service consisted of prevention, or how much "extra time, extra credit" this community service would count if the driver brought her children to church with her. Vacated.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: KA-23-779, Categories: probation, sentencing, Vehicular Homicide
J. Mize finds that the trial court erred in revoking defendant’s probation for failure to report to the probation officer two months in a row. The trial court’s order is remanded for reconsideration of probation being revoked and what sentence should be imposed. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 5, 2024, Case #: 6D23-786, Categories: probation, sentencing
J. Crothers finds that the district court properly revoked defendant's probation and resentenced him to 36 months of incarceration. Defendant claims that the court imposed an illegal sentence after it revoked his probation because the new sentence is longer than his original sentence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 4, 2024, Case #: 2024ND55, Categories: probation, sentencing
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. Brownlee finds that the trial court improperly revoked a man’s probation for violating a no-contact order and sentencing him to jail for 60 days. There was no actual evidence to support the finding that the man willfully and substantially violated his probation. Therefore, this case is remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: March 1, 2024, Case #: 6D23-919, Categories: probation, sentencing
J. Devaney finds that the circuit court erred in sentencing defendant after he pleaded guilty to possession of a controlled substance. While the lower court considered many factors and found them to be aggravating when it imposed a 5-year prison sentence, it also specifically found that defendant does not pose a significant risk to the public. Under that framework, the circuit court should have entered a sentence of probation. Vacated.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: February 28, 2024, Case #: 2024SD13, Categories: Drug Offender, probation, sentencing
J. Campbell finds the lower court properly revoked defendant’s probation, but improperly ordered him to serve his original sentence in confinement. Defendant was placed on probation after he pleaded guilty to two counts of attempted aggravated sexual battery. He was required to register as a sex offender and serve concurrent 10-year sentences on supervised probation. Defendant violated the terms of his probation when he was arrested and subsequently pleaded guilty to driving under the influence. As a result of the probation violation, the lower court revoked his probation and ordered him to serve his original 10-year sentence in confinement. Defendant argues the confinement order is excessive and he should have been placed back on supervised probation. The instant court finds the record lacks sufficient information to conduct a proper review, as the lower court failed to reason why it ordered defendant to confinement. The matter is remanded to the lower court for further consideration. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-01111-CCA-R3-CD, Categories: probation, sentencing, Sex Offender
J. Gruender finds a lower court properly sentenced a defendant to 15 months in prison for obtaining marijuana following a previous conviction for selling crack cocaine. The defendant argued that he was entitled to obtain marijuana with his marijuana card. However, the defendant engaged in private distribution of the drug by sharing it with his girlfriend. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: February 26, 2024, Case #: 23-2421, Categories: Drug Offender, probation, sentencing
J. Waples finds the criminal division properly denied a man’s motion for judgment of acquittal, its charge to the jury and probation conditions regarding a domestic violence incident. He argues there is insufficient evidence, and the jury was not instructed properly about the deadly weapon aspect; he says he threw a knife at the wall, not at the victim. He also challenges the probation condition that prohibits him from drinking alcohol. He failed to preserve the jury challenge and did not point out a plain error in the court’s judgment. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: February 23, 2024, Case #: 22-AP-334, Categories: probation, sentencing, Domestic Violence
J. Kelly finds a lower court properly sentenced a defendant to 96 months in prison and three years probation. The defendant argued that the lower court erred in applying an attempted murder cross reference to his sentence to decide the level of his crime. However, the government presented sufficient evidence in court that the defendant shot a female associate in the leg after getting kicked out of a bar, intending to cause her death. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: February 22, 2024, Case #: 23-1260, Categories: Firearms, probation, sentencing
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: Drug Offender, probation, sentencing
J. Carroll finds the trial court properly convicted a man of sexual assault, sexual exploitation by luring a child and carrying a weapon while committing a felony. The man argues the trial court erred by not instructing the jury carrying the gun and the sexual assault was related. The court also struck portions of his probation conditions, which he challenged for being unrelated to his conviction. Affirmed in part. Reversed in part.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 16, 2024, Case #: 23-AP-106, Categories: Firearms, probation, sentencing
J. Perez finds that the district court improperly imposed special conditions on supervised release in sentencing defendant based on his guilty plea to possessing a firearm following a prior felony conviction because the court failed to explain the decision to prohibit defendant from associating with gang members or recruits, which should be examined on limited remand.
Court: 2nd Circuit, Judge: Perez, Filed On: February 5, 2024, Case #: 21-3015, Categories: probation, sentencing, Plea
J. Ray finds that the trial court properly sentenced defendant after he violated probation imposed upon his conviction for lewd and lascivious battery of a victim under 16 years old by having unsupervised contact with a minor. Defendant committed a "substantive violation," and the court was not limited by a six-year sentencing cap. Affirmed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 31, 2024, Case #: 1D2021-3609, Categories: probation, sentencing, Sex Offender