14 results for 'cat:"Sentencing" AND cat:"Sex Offender" 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. 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
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. 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
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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. 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. Harris finds the lower court properly sentenced the defendant to life imprisonment despite him making a deal with the government to plead guilty. The defendant made his six adopted children perform sex acts together and with him, amounting to nine charges. The defendant made a deal to plead guilty to one count of aggravated sexual abuse in exchange for the other eight charges to be dropped. The defendant failed to meet the burden of showing a reasonable probability that, but for the error, he would not have entered the plea. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: December 13, 2023, Case #: 21-4185, Categories: sentencing, sex Offender, plea
J. Pitman finds that defendant was properly sentenced on her guilty plea to two counts of molestation of a juvenile. In this case, the imposed sentences of 50 years for each count, with the first 25 years of which would be served without benefits, was proper based on the seriousness of the crimes. Further, the sentences imposed had been reduced from a possible statutory 99-year sentence per count to a cap of 50 years and an agreement that the sentences would be served concurrently rather than consecutively. Also, based on the plea, the state held defendant responsible for only two of the ten original counts, and those had also been reduced from first degree rape of a victim under the age of 13 to molestation of a victim under the age of 13. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: November 15, 2023, Case #: 55,215-KA, Categories: sentencing, sex Offender, plea
J. Pitman finds that defendant was properly sentenced to ten years at hard labor on her guilty plea to felony carnal knowledge of a juvenile. The sentence was reasonable based on defendant taking sexual advantage of a disabled juvenile victim who was 20 years her junior. Further, defendant could have been charged with a more serious offense and benefited from the lesser charge of felony carnal knowledge of a juvenile. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: September 27, 2023, Case #: 55,266-KA, Categories: sentencing, sex Offender, plea
J. Smith finds defendant knowingly pleaded guilty to several sexually-based offenses. Although the trial court did not explain the registration requirements of Tier I sex offenders, he paused at two points during the colloquy to ensure defendant understood his rights and had no questions or objections, which satisfied all constitutional obligations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: August 7, 2023, Case #: 2023-Ohio-2838, Categories: sentencing, sex Offender, plea
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to criminal sexual act for having contact with a person passed out from medication and incapable of consent. Defendant claimed his sentence was harsh, but he received the minimum prison term authorized for a violent sex offense, coupled with the longest permitted period of postrelease supervision to ensure extended supervision. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 25, 2023, Case #: 111981, Categories: sentencing, sex Offender, plea