97 results for 'cat:"Sentencing" AND cat:"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
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for distribution of meth and fentanyl. A confidential informant purchased drugs from defendant on three occasions and all evidence supports the convictions. Defendant was sentenced, cumulatively, to up to 14 years in prison. Though she says the sentences are excessive, all factors were properly considered and the appeal waiver provision bars defendant from appealing her sentence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-910, Categories: Drug Offender, sentencing, 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
J. Delaney finds that the trial court properly denied defendant's petition for resentencing on a manslaughter conviction. Statutory changes that ended imputed malice theories of murder came after he pleaded guilty, and his plea served as an admission that he directly aided and abetted murder, a still valid theory. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: April 22, 2024, Case #: G062075, Categories: sentencing, plea, Manslaughter
Per curiam, the court of appeals finds that the appellate division properly enhanced defendant's sentence on grounds that he violated plea conditions prior to sentencing because sufficient inquiries had been made into misconduct he allegedly committed upon returning to jail, and defendant had a chance to dispute those findings. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 40, Categories: sentencing, plea
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J. Hudson finds the circuit court properly denied defendant's petition for writ of mandamus seeking to withdraw his guilty plea for his conviction on a charge of attempting to furnish a prohibited article into a correctional facility. Separate from his murder, assault, burglary and kidnapping charges, defendant attempted to introduce a cell phone battery into his jail cell while awaiting trial. After a guilty plea conviction, the conviction and sentence cannot be modified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 18, 2024, Case #: CR-23-646, Categories: sentencing, Smuggling, plea
J. Kemp finds the circuit court properly denied defendant's petitions for leave to proceed in forma pauperis and for extraordinary writs. Defendant was sentenced to 72 months in prison on his no-contest plea conviction on sexual assault charges. He does not plead the facial invalidity of the judgment or the trial court’s lack of jurisdiction, as necessary, having not pleaded his actual innocence. Defendant has not properly alleged illegal detainment. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: April 18, 2024, Case #: CR-22-450, Categories: sentencing, Sex Offender, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession in two indictments. Defendant contends the concurrent parts of his sentence were harsh, but he secured a "highly advantageous" plea agreement despite having an extensive criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112056, Categories: Drug Offender, sentencing, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for forcibly taking a wallet from a woman outside a store, as defendant's claim that his sentence was harsh was precluded by his valid appeal waiver. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113230, Categories: Robbery, sentencing, plea
J. Rovner finds that the lower court properly sentenced defendant to 120 months in prison for possession of a firearm as a felon after rejecting a binding plea agreement providing for a 96-month sentence. Defendant was fully aware that the acceptance of defendant's guilty plea did not ensure the acceptance of the binding plea agreement, and there is no merit to the claim that the court improperly inserted itself into the plea negotiation process. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: April 16, 2024, Case #: 22-2364, Categories: Firearms, sentencing, plea
J. Greer finds that defendant was properly sentenced to imprisonment for failing to register as a sex offender, second offense, following his conviction for lascivious acts with a child because he continually failed to meet registry requirements and had already agreed to his sentence upon entering a plea deal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: April 10, 2024, Case #: 22-0908, Categories: sentencing, Sex Offender, plea
J. Chicchelly finds that defendant was properly sentenced after pleading guilty to driving while barred as a habitual offender because defendant agreed to the short jail sentence while accepting the plea deal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: March 27, 2024, Case #: 23-0707, Categories: sentencing, plea
J. Neville finds that the appeals court properly held that defendant's negotiated plea agreement for possession of cannabis waived his claim to presentence custody credit. The agreement only provided credit for the 54 days he had spent in custody, not for time he spent on home detention prior to the plea, and this deal deserves the presumption that both parties came to a negotiated agreement over defendant's amount of sentence credit. Affirmed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: March 21, 2024, Case #: 129402, Categories: Drug Offender, sentencing, plea
J. Mercier finds that the trial court improperly denied defendant's motion to vacate a void sentence following his guilty plea to two counts of child molestation. The 10-year probationary sentence imposed on one count was not split as it should have been in accordance with the statute which was in effect at the time defendant committed the crime. The trial court incorrectly dismissed defendant's motion to withdraw his guilty plea based on the void sentence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0214, Categories: sentencing, Sex Offender, plea
J. Johnson finds that the district court properly sentenced defendant on his guilty pleas to armed robbery with a firearm, access device fraud, aggravated assault with a firearm, illegal discharge of a firearm during a crime of violence and attempted second degree murder. In this case, there is no evidence that the pleas were improperly entered. Further, defendant was represented by counsel when he pled guilty and, under his plea agreement, he waived his right to appeal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 15, 2024, Case #: 2023-KA-0632, Categories: sentencing, plea
J. O'Leary finds that the lower court properly denied defendant's peremptory challenge to the judge assigned to preside over his resentencing hearing. Peremptory challenges are only available prior to adjudication, and statute requires that the same judge who sentenced a defendant, including cases resolved in plea deals, preside over resentencing.
Court: California Courts Of Appeal, Judge: O'Leary, Filed On: March 15, 2024, Case #: G062526, Categories: Murder, sentencing, plea
J. Shanker upholds the trial court's decision to increase defendant's 72-month sentence for robbery to 84 months after it had to correct and lower his 36-month sentence for attempted robbery to 24 months. The sentence was properly altered in order to maintain the agreed upon 108-month sentence, per the parties' plea agreement. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: March 14, 2024, Case #: 23-CO-0219 , Categories: Robbery, sentencing, plea
Per curiam, the circuit finds that the district court properly convicted defendant based on his guilty plea to conspiracy to distribute and possess with intent to distribute crack cocaine. Defendant claimed the plea was involuntary because he expected a below-guidelines sentence, but that belief had been subjective since the plea colloquy clearly confirmed that no particular sentence had been promised. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 5, 2024, Case #: 22-1539-cr, Categories: Drug Offender, sentencing, plea
J. Briscoe finds that the lower court properly sentenced defendant for his convictions for engaging in a sexual act with a minor. Defendant claims that the lower court should have allowed a plea agreement that was proposed by both parties, but there were valid concerns on the record regarding defendant's behavior, struggles with alcohol, and likelihood of re-offending that gave the lower the court the discretion to reject the plea and sentence him to the maximum term of imprisonment. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: March 1, 2024, Case #: 22-7041, Categories: sentencing, Sex Offender, plea
J. Wilson finds that the district court properly sentenced defendant to 60 months of imprisonment and three years of supervised release following his guilty plea to conspiracy for stealing and reselling luxury cars. The plea agreement was unambiguous. The record shows that defendant understood that the agreement in which the government promised to recommend a 60-month custodial sentence did not prohibit the government from also recommending supervised release despite the absence of a supervised release provision. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: February 29, 2024, Case #: 22-12826, Categories: sentencing, Conspiracy, plea
J. Kyzar finds that defendant was properly convicted and sentenced on counts of indecent behavior with a juvenile and aggravated crime against nature. Defendant did not show he was denied the right to counsel when he sought to withdraw his guilty pleas or that the pleas were not voluntarily made. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 14, 2024, Case #: KA-23-487, Categories: sentencing, Sex Offender, plea
J. Rovner finds that the lower court properly imposed a sentencing enhancement based on defendant's knowledge that he was selling a weapon to a felon. The plea agreement is ambiguous as to the timing of defendant's knowledge, so defendant cannot rely upon that plea agreement to establish a timeline. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 7, 2024, Case #: 22-2538, Categories: Firearms, sentencing, plea
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
Per curiam, the court of appeals finds that defendant was improperly convicted based on his guilty plea to assault stemming from a head-on car collision that caused serious injury. One appellate justice failed to address the merits of the interest-of-justice challenge to the sentence as excessive based on the mistaken belief that defendant's appeal waiver was valid. As a result, that challenge should be considered on remittal. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: January 16, 2024, Case #: 44 SSM 11, Categories: sentencing, plea
J. Robinson finds that defendant was sentenced to the maximum ten year term on his guilty plea to shooting a man while trying to rob him. In this case, defendant intended to rob his victim and could have killed him. Further, defendant's criminal history includes guilty pleas to illegal possession of stolen firearms, illegal possession of stolen things, simple burglary, possession of marijuana, and possession of a Schedule III drug. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: January 10, 2024, Case #: 55,453-KA, Categories: sentencing, plea
J. Tookey finds that the post-conviction court properly denied relief on defendant’s claim that his trial counsel was inadequate for failing to advise him of developments in the law regarding the constitutionality of nonunanimous jury verdicts in the state. The record supports the post-conviction court's determination that defendant's claim "that his awareness of the remote possibility that the chain of events could occur would have changed his mind about pleading guilty 'strains credulity.' He also failed to show that his guilty plea was not knowing, intelligent and voluntary. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 4, 2024, Case #: A178753, Categories: Ineffective Assistance, sentencing, plea