7 results for 'cat:"Sentencing" AND cat:"Assault" AND cat:"Plea"'.
J. Aarons finds that the lower court properly sentenced defendant in absentia and outside his plea deal after he cut off his ankle bracelet and absconded because defendant had been expressly advised by the court that both could occur if he failed to show up for sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113291, Categories: sentencing, assault, plea
[Modified.] J. Humes removes two citations with no change in judgment. Defendant may seek to have his sentence reduced in a full resentencing hearing on assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: November 2, 2023, Case #: A166124, Categories: sentencing, assault, plea
J. McKinnon finds that the lower court properly found that the state could withdraw from its plea agreement sentencing recommendation based on alleged crimes defendant committed while in custody. Furthermore, defendant waived any challenge to the untimeliness of the state's persistent felony offender notice by entering a guilty plea to assault. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: October 31, 2023, Case #: DA 22-0306, Categories: sentencing, assault, plea
J. Humes finds that defendant may seek to have his sentence reduced in a full resentencing hearing on his assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 17, 2023, Case #: A166124, Categories: sentencing, assault, plea
J. Clark finds that the lower court properly convicted defendant on his guilty plea to assault for driving head-on into an oncoming vehicle. Although the plea deal included a sentence that was the maximum for the crime, defendant's claim that it was harsh merits no reduction in the interest of justice, despite his expression of remorse and claim of mental health crisis, because he purposefully caused a collision that seriously injured the other driver and could have hurt others. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 27, 2023, Case #: 113512, Categories: sentencing, assault, plea
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J. Mayle finds defendant's no-contest plea to an assault charge was made knowingly and voluntarily because the trial court properly explained he was not admitting guilt but would stipulate to the evidence presented by the prosecution. Although defendant argues he was prejudiced because the state did not include the fact he was sprayed with mace by the corrections officer before he body-slammed him, this circumstance was not required to be included in the prosecution's version of events. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 20, 2023, Case #: 2023-Ohio-2008, Categories: sentencing, assault, plea