35 results for 'cat:"Sentencing" AND cat:"Kidnapping"'.
J. Standridge finds a lower court properly convicted and sentenced a defendant for first- degree felony murder, aggravated kidnapping, and aggravated battery. The defendant, who serves a hard 25 life sentence and consecutive 13 months in prison, argued that the lower court erred in allowing the State to submit alternative means of aggravated kidnapping, and that evidence of was insufficient to support his conviction. However, the State presented sufficient evidence in court that "taking or confining" does not support alternative means of kidnapping or aggravated kidnapping. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: April 26, 2024, Case #: 125685, Categories: Murder, sentencing, kidnapping
J. Lui finds that the trial court properly denied defendants' petitions for resentencing on felony murder convictions. Defendants could be convicted of felony murder under current law despite changes to statute. The evidence shows one defendant had the specific intent to kill and both were major participants in a kidnapping that resulted in death and that they acted with reckless indifference to human life. Affirmed.
Court: California Courts Of Appeal, Judge: Lui, Filed On: March 25, 2024, Case #: B322561, Categories: Murder, sentencing, kidnapping
Per curiam, the appellate division finds that the lower court properly sentenced defendant based on his guilty plea to kidnapping for attempting to flee the state with a 14-year-old girl, with whom he had alleged sexual contact, and her teenage friend because his valid appeal waiver precluded the harsh sentence claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 112812, Categories: sentencing, kidnapping
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J. Yegan finds that the trial court properly denied defendant's petition for resentencing on a first degree murder conviction with a special circumstance of kidnapping. He directly aided and abetted the murder with an intentional plan to kill. "Leniency for a person who orders his cohorts to murder a 15-year-old child with a machine gun? The child is dead and our answer is, no." Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: February 28, 2024, Case #: B323018, Categories: Murder, sentencing, kidnapping
J. Welbaum finds the trial court properly denied defendant's motion to sever various criminal charges to allow for separate trials as to each of his victims. The evidence for each victim was simple and direct and would have been admissible as other acts evidence if separate trials had taken place. Meanwhile, the trial court properly denied defendant's motion to merge kidnapping for the purpose of sexual assault and rape convictions because his prolonged seizure of the victim was a separate and distinct animus from the rape of the victim, which allowed each conviction to carry its own sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 23, 2024, Case #: 2024-Ohio-684, Categories: sentencing, Sex Offender, kidnapping
Per curiam, the circuit finds the district court properly denied both defendants' motions for continuance and properly sentenced them both to life in prison on their RICO conspiracy, kidnapping and related convictions. Although they argue the district court improperly allowed an unlisted government witness to testify and failed to grant an alternative discovery motion, there is no general constitutional right to pretrial discovery of witnesses in non-capital cases. The within-guidelines sentences are reasonable. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 15, 2024, Case #: 22-40619, Categories: sentencing, kidnapping, Racketeering
J. Krause finds, after careful reconsideration upon transfer back from the Supreme Court, that the trial court was within its discretion not to conduct a full resentencing when it struck a prior prison term enhancement and reduced defendant's 26-year sentence by one year. The trial court struck the enhancement pursuant to Senate Bill 483. A full resentencing is only available if defendant follows the procedure of the Three Strikes Reform Act to seek discretionary relief. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: February 9, 2024, Case #: C097389, Categories: sentencing, kidnapping
J. Colloton finds a lower court properly sentenced a defendant to 92 months in prison after he pleaded guilty to unlawful possession of a firearm as a felon. The defendant argued that the lower court miscalculated the length of his sentence. However, the government presented sufficient evidence in court that he has a prior kidnapping offense, qualifies as a violent crime. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: November 28, 2023, Case #: 23-1077, Categories: Firearms, sentencing, kidnapping
J. Groban finds the court of appeals improperly upheld the lower court's mid-range sentence for defendant, who was convicted for false imprisonment of his girlfriend by violence, while on a meth-fueled, delusional tirade that included punching and kicking her, as well as spraying her with pepper spray and glass cleaner. While defendant's appeal was pending, the legislature enacted a bill requiring courts to enter a lower term when a psychological, physical, or childhood trauma contributed to the offense, and the record does not clearly indicate the lower court would have imposed the same sentence had it been aware of the scope of its discretionary powers under the current bill. Reversed.
Court: California Supreme Court, Judge: Groban , Filed On: November 20, 2023, Case #: S275788, Categories: sentencing, Assault, kidnapping
J. Pate finds the superior court properly dismissed a lawsuit because it failed to state a claim upon which relief may be granted for defendant, who was sentenced to 104 years in prison for kidnapping and murder. The “proper vehicle…would be an application for post-conviction relief.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: November 17, 2023, Case #: S-18511, Categories: Murder, sentencing, kidnapping
J. Celebrezze finds cell phone triangulation data presented during defendant's trial on robbery and kidnapping charges was properly authenticated and allowed the jury to infer he was at or near the scene of all the crimes, and when combined with similarities between defendant's gun and the weapon used during the crimes, was sufficient to convict him. Meanwhile, the 45 years added to defendant's sentence for firearm specifications was within the statutory range under Ohio law and, therefore, did not violate defendant's right to be free from cruel and unusual punishment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: November 2, 2023, Case #: 2023-Ohio-3970, Categories: Robbery, sentencing, kidnapping
J. Kilbane finds the trial court erroneously failed to inform defendant of the state's right to extend his prison sentence if certain conditions were met at the conclusion of the minimum portion of his indefinite sentence and, therefore, the case must be remanded to allow for proper sentencing instructions. Meanwhile, the trial court properly denied defendant's motion to withdraw his guilty plea because at the time he entered the plea, he was not under duress or the influence of any drugs, and was represented by competent counsel whom he admitted was "a great attorney." Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: October 12, 2023, Case #: 2023-Ohio-3713, Categories: sentencing, Plea, kidnapping
J. Northcutt finds the circuit court improperly denied defendant’s motion for postconviction relief from his convictions for sexual battery, kidnapping, impersonating an officer, fraudulent use of a credit card and grand theft. Though defendant says that a letter purportedly sent by a Tampa police officer reveals the existence of surveillance video that would prove his innocence, the lack of a signature on the letter raises the question of authenticity. Still, the postconviction court failed to rule on defendant’s timely filed amended motion or to attach any records that refute his claim. The court also failed to hold an evidentiary hearing to determine the authenticity of the letter. Reversed and remanded.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: September 29, 2023, Case #: 2D22-1355, Categories: sentencing, Sex Offender, kidnapping
J. Todd finds that the superior court properly held that a trial court lacks jurisdiction to correct a patent and obvious error in a sentencing order when when the correction request was filed outside the time limitations of the Post Conviction Relief Act. The time limitations bar the trial court from correcting the error. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: September 28, 2023, Case #: J-19-2023, Categories: sentencing, Assault, kidnapping
J. Mortensen finds that the trial court properly denied defendant's motion to file a direct appeal of his sentence for attempted child kidnapping. He expressly waived his right to appeal his conviction and sentence when he signed his plea agreement, and there is no evidence that he has been prejudiced since he never tried to appeal the sentence, which was handed down in 2003. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: September 28, 2023, Case #: 20220104-CA, Categories: sentencing, Plea, kidnapping
J. Ceresia that the lower court properly convicted defendant of rape and attempted kidnapping and sentenced him with the terms of his plea agreement to 25 years in prison. Defendant had two psychiatric evaluations that found he did not lack a capacity to assist in his own defense and understood the proceedings. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: September 28, 2023, Case #: 113325, Categories: sentencing, Assault, kidnapping
J. McKinnon holds that the trial court properly sentenced defendant to 50 years, with 15 suspended, for aggravated kidnapping, rape and partner assault. The constitution requires a trial court to present aggravating sentencing factors to a jury, but not mitigating factors. Also, defendant's level three sexual offender designation was supported by abundant evidence, and his trial counsel's performance was not insufficient. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: September 19, 2023, Case #: DA 21-0202, Categories: sentencing, Sex Offender, kidnapping
J. Greenholtz finds the lower court improperly applied defendant’s pretrial jail credits. Defendant was convicted of burglary, aggravated kidnapping and aggravated robbery, and received an effective 20-year sentence. The lower court awarded him pretrial jail credit of 282 days, but ordered it only applied to the first count, when it should have been applied to all counts. The matter is remanded for correction. Vacated.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: September 13, 2023, Case #: W2022-01758-CCA-R3-CD, Categories: Burglary, sentencing, kidnapping
J. Lorello finds that the trial court was within its discretion to sentence defendant to 10 years for first degree kidnapping and and a consecutive five years for aggravated assault. Though older and lacking a criminal past, he did not demonstrate remorse or control over his violent impulses, and without police intervention he planned to harm the victim further. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: August 29, 2023, Case #: 49883, Categories: sentencing, Assault, kidnapping
J. Mays finds that while the trial court incorrectly ordered defendant to serve the sentences for her misdemeanor and felony convictions consecutively, any correction to the sentence will not reduce the number of years she serves in prison and, therefore, there is no need to issue a corrective order or resentencing. Meanwhile, the trial court properly imposed consecutive sentences, as it considered all relevant evidence and statutory guidelines, as well as mitigation evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: August 17, 2023, Case #: 2023-Ohio-2877, Categories: sentencing, kidnapping, Child Victims
J. Wall finds a lower court improperly vacated a defendant's conviction for aggravated- kidnapping. The defendant, who was sentenced to 45 years in prison, argued that he is entitled to relief. However, the State presented evidence in court that the defendant confined his victim in order to facilitate another crime. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 123,742, Categories: sentencing, kidnapping
J. Stephens finds that the trial court properly convicted defendant of manslaughter, attempted kidnapping and armed robbery with use of a firearm. The trial court sentenced defendant to a total of 190 years at hard labor. The sentence was comprised of multiple consecutive sentences for defendant's convictions. Defendant's four sentences for the kidnapping counts are vacated because the trial court failed to set a specific, determined term for the restriction from benefits like probation and parole. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: August 9, 2023, Case #: 55,172-KA, Categories: sentencing, kidnapping, Manslaughter
J. Krause finds that the trial court was within its discretion not to conduct a full resentencing when it struck a prior prison term enhancement and reduced defendant's 26-year sentence by one year. The trial court struck the enhancement pursuant to Senate Bill 483. A full resentencing is only available if defendant follows the procedure of the Three Strikes Reform Act to seek discretionary relief. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: July 14, 2023, Case #: C097389, Categories: sentencing, kidnapping
J. Miller finds that defendant's constitutional right to an impartial jury was not violated when the trial court denied several of his juror challenges during his trial on 17 counts related to his kidnapping and sexual assault of a 7-year-old girl. The individuals were never challenged for cause and were eventually seated on the jury; therefore, they are presumed to have been impartial and the lack of evidence to the contrary renders defendant's claim meritless. Meanwhile, the trial court properly denied defendant's motion to merge two kidnapping convictions as allied offenses because the charges stemmed from different activities. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: July 10, 2023, Case #: 2023-Ohio-2357, Categories: Jury, sentencing, kidnapping
Per curiam, the circuit finds that the district court properly denied defendant compassionate release from his mandatory life sentence for hostage-taking in light of defendant's involvement with the Plum Blossom Gang, which held a man and two women for ransom for a week, repeatedly beat them, raped the women again and again before strangling one of them, and shot the man in the head and left him for dead, actions that were described as "horrific." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-626-cr, Categories: sentencing, kidnapping, Gangs
[Consolidated.] J. Gilman finds the trial court properly calculated the guidelines for a father and son's life imprisonment sentences on kidnapping convictions. The trial court properly applied a sexual-exploitation enhancement to the son's sentence based on evidence he had non-consensual sex with the female victim. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: June 21, 2023, Case #: 22-5420, Categories: Drug Offender, sentencing, kidnapping
J. Humes finds that the trial court properly convicted defendant of forcible rape. However, though moving the victim from one bathroom stall to another supported a simple kidnapping count, the movement did not substantially increase the risk of harm to support an aggravated kidnapping circumstance. Because the kidnapping was not aggravated, the sentence is reduced from 25-years-to-life to 15-years-to-life. Reversed in part.
Court: California Courts Of Appeal, Judge: Humes, Filed On: June 14, 2023, Case #: A163761, Categories: sentencing, Sex Offender, kidnapping