25 results for 'cat:"Sentencing" AND cat:"Vehicle"'.
J. Hutchison affirms the lower court's order denying defendant's motion to correct its order for a six-month suspended sentence on a misdemeanor charge of joyriding in lieu of 10-days of actual jail time followed by one-year unsupervised probation to reflect time-served for good behavior. The judge did not abuse his discretion by instructing defendant to file a separate civil suit against the West Virginia Division of Corrections and Rehabilitation within three months, then denying her motion when she failed to provide notice of a suit.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 17, 2024, Case #: 22-685, Categories: Burglary, sentencing, vehicle
J. Arterburn finds the trial court properly convicted defendant for operating a motor vehicle during revocation. Though defendant was observed in the driver's seat before the traffic stop, upon making contact officers found him lying down between seats, with a woman driving. Though defendant argues the woman's testimony was consistent with his claim he was never driving, jurors found the officers' testimony more credible, and credibility findings will not be reviewed. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-435, Categories: Evidence, sentencing, vehicle
[Consolidated.] J. Danner finds that the trial court properly convicted defendant of receiving a stolen motor vehicle and tampering with a vehicle identification number. Statute criminalizes tampering with the VIN of one or more motor vehicle parts. Tampering with a VIN is an offense if a defendant intended to prevent the identification of a vehicle or part, regardless of the defendant's role as a buyer, seller, transferor or transferee. Also, the record should show a true finding of one, not two, prior strike allegations. Affirmed.
Court: California Courts Of Appeal, Judge: Danner, Filed On: March 5, 2024, Case #: H050320, Categories: sentencing, vehicle
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J. Bender finds that the lower court improperly sentenced defendant to 45 to 90 days of incarceration for illegally operating a vehicle not equipped with an ignition interlock. Pennsylvania failed to prove that defendant had adequate notice by the Pennsylvania Department of Transportation that he was only to drive vehicles that contained such equipment until he obtained an unrestricted license. Reversed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: February 8, 2024, Case #: J-S27003-23, Categories: Criminal Procedure, sentencing, vehicle
J. Welch finds the trial court properly convicted defendant, by guilty plea, for first offense driving during revocation. Defendant was pulled over for speeding and his license plate was found to be fictitious. His driver's license was also found to have been revoked for 3rd offense DUI. Though defendant claimed he was not aware his ignition interlock permit was revoked, the trial court properly imposed a 2-year waiting period before he may have another interlock device installed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-474, Categories: sentencing, Dui, vehicle
J. Bevan finds that the trial court was within its discretion to correct the date on an exhibit that was a judgment from a prior felony conviction. The correction was not an intervention or offer of extrajudicial facts that could be construed as witness testimony. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 6, 2023, Case #: 48939, Categories: Evidence, sentencing, vehicle
J. Kunselman finds that the lower court improperly sentenced defendant to endure confinement, pay a fine and complete community service for disorderly conduct stemming from her noncompliance with a police officer during a traffic stop. Because the sentence did not include a term of probation, the court did not have the authority to order community service. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: October 11, 2023, Case #: J-S32022-23, Categories: Criminal Procedure, sentencing, vehicle
J. Smith finds the sentencing court improperly sentenced defendant to 15 years in prison for leaving the scene of a crash involving death without rendering aid when he crossed a double yellow line while passing another vehicle and struck a seven-year-old child, who later died. The sentencing judge referenced uncharged conduct related to a shooting on the morning of the crash and the state failed to prove that the trial court did not rely upon that. Reversed and remanded.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: September 1, 2023, Case #: 2D22-1458, Categories: sentencing, vehicle, Child Victims
J. Davenport finds that the lower court properly convicted defendant of driving with a revoked license, but improperly sentenced him to eight years in prison. The state failed to provide the trial court with a factual basis for applying an enhancement to his sentence, so it shall be remanded for a new trial. Affirmed in part.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: August 21, 2023, Case #: 210460, Categories: sentencing, vehicle
J. Delaney finds the trial court properly denied defendant's motion to suppress evidence obtained from a search of his vehicle. The police officer's search of his license plate in a database returned a wanted result that gave the officer probable cause to initiate a traffic stop. Meanwhile, the trial court made all required findings before it imposed consecutive sentences, which fell within the relevant statutory range and, therefore, were not unreasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: August 18, 2023, Case #: 2023-Ohio-2897, Categories: Search, sentencing, vehicle
J. Grasz finds a lower court properly sentenced a defendant to 87 months in prison after he pleaded guilty to unlawful possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for aggravated vehicular hijacking, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: August 1, 2023, Case #: 22-2858, Categories: Firearms, sentencing, vehicle
J. Griffin finds that the court properly granted the state’s prayer for judgment seven years after the original sentencing for misdemeanor death by vehicle. The state had no reason to make the motion until defendant was charged with another motor vehicle offense. Affirmed.
Court: North Carolina Court of Appeals, Judge: Griffin, Filed On: August 1, 2023, Case #: COA22-672, Categories: sentencing, vehicle
J. Ripple finds that the lower court properly convicted defendant of bank robbery and sentenced him to 180 days in prison. The court correctly classified him as a career offender based on his prior conviction for vehicular hijacking. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: July 21, 2023, Case #: 22-1192, Categories: Robbery, sentencing, vehicle
J. Hunter finds that defendant was properly sentenced to consecutive 5-year sentences on his guilty plea to three counts of first degree vehicular negligent injuring. Under the plea agreement, if defendant failed to appear for the sentencing date, he would be subject to a sentence consistent with the statute and would not get the benefit of the agreed sentence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter , Filed On: June 28, 2023, Case #: 55,038-KA, Categories: sentencing, Plea, vehicle
J. Ellender finds that defendant was properly sentenced to five years at hard labor on his conviction for negligent homicide. In this case, defendant had been drinking when he caused a head-on collision that killed the other driver. Defendant never stated he was sorry or expressed any type of emotion regarding the victim's death, giving the impression that he was not at fault. Further, defendant received a substantial benefit by the jury’s returning a responsive verdict of negligent homicide, reducing his potential exposure from thirty years to five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: June 28, 2023, Case #: 55,143-KA, Categories: sentencing, vehicle, Negligent Homicide
J. Hagedorn finds defendant is entitled to sentence credit for 433 days he spent in a county jail on charges related to stealing three trucks in the span of two hours and leading a police chase into a neighboring county, where he faced similar charges in a separate case that was ultimately consolidated with his other case while he was in jail. Under Wisconsin Supreme Court precedent, defendant is entitled to sentence credit for all of five charges that were dismissed and read in when he pleaded no contest to three other charges, including a charge from the neighboring county for which he was technically freed on a signature bond even though he remained jailed in the other county on a $10,000 cash bond that he did not pay. When defendant violated probation terms of his original withheld five-year sentence and was sentenced to 18 months of confinement, the circuit court properly awarded him 433 days' sentence credit for all three dismissed and read-in charges stemming from both counties, and the court of appeals incorrectly overturned the circuit court upon appeal. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 14, 2023, Case #: 2021AP000462-CR, Categories: sentencing, Theft, vehicle
J. Bishop finds the trial court properly convicted defendant, by no contest plea, for operating a motor vehicle in a willful reckless manner and evading. Defendant was pursued by several police cruisers with sirens and light activated, at speeds of up to 100 mph, causing accidents, and he had children in the vehicle. Despite defendant’s lack of education, as well as his mental health, substance issues and his criminal history supports the sentence of 18 months in prison. The court committed plain error by failing to order the revocation of defendant’s license. Affirmed as modified
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-842, Categories: sentencing, Escape, vehicle
J. Johnson affirms the trial court’s convictions of the defendant for stealing an unattended car at a gas station then leading police on a high-speed chase until his arrest, after he crashed the vehicle into a building. The case is returned to the trial court to eliminate improperly added convictions. The defendant’s corrected convictions are for one count of aggravated auto theft and one count of unlawful flight to a peace officer, with concurrent sentences of four years and two years respectively. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220231, Categories: Ineffective Assistance, sentencing, vehicle
J. Hart finds the trial court properly convicted defendant for driving while impaired. Though defendant had an identical case pending in another county, the second offense resolved in court first and was used as a prior conviction sentencing enhancement for the first offense. The Supreme Court of Colorado granted defendant’s petition to show cause, yet the plain language of the relevant statute does not require that conduct underlying a second-offense sentence predate conduct underlying the first offense. The rule to show cause is discharged.
Court: Colorado Supreme Court, Judge: Hart , Filed On: May 22, 2023, Case #: 23SA30, Categories: sentencing, Dui, vehicle