1,644 results for 'cat:"Sentencing"'.
J. Beales finds a lower court did not err in convicting defendant for raping his wife. Defendant raised a number of objections, including arguing the court had improperly failed to consider his mental health at sentencing, but in fact the court had “considered the facts of this case” before sentencing and did not abuse its discretion in imposing a lengthy sentence. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0081-23-3, Categories: sentencing, Sex Offender
J. Mead finds that the lower court properly convicted defendant following a jury trial for "hunting a deer after having killed one," as well as unlawful possession of wild animals. On appeal, he fails to show that the charge for possession of wild animals was barred under double jeopardy principles. Additionally, the matter is remanded for reconsideration of a stay order. The lower court had "the authority to order the original stay" and should decide whether to reinstate it. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 7, 2024, Case #: 2024ME33, Categories: Criminal Procedure, sentencing, Double Jeopardy
Per curiam, the Seventh Circuit finds that the lower court properly determined defendant is not entitled to a reduced sentence under the First Step Act. Defendant was convicted in 1998 of engaging in a continuing criminal enterprise (CCE) by managing the drug-trafficking operation of the Latin Kings street gang in Chicago and sentenced to life in prison. CCE convictions are not covered offenses under the Act because the statutory penalties of 20 years to life were not altered by the Fair Sentencing Act. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-1318, Categories: Drug Offender, sentencing, Gangs
J. Smith affirms the district courts' grants of the defendant's demands to execute his sentences in two cases in two separate counties. A district court may grant such demands even if the conditions of probation are less onerous than the conditions of an executed sentence. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Smith, Filed On: May 6, 2024, Case #: A23-1342, Categories: sentencing, Dui
Per curiam, the court of appeals finds the change in calculation of time served credits earned by inmates did not violate the inmate's constitutional rights under the ex post facto clause. The alteration was not a law, but was actually an administrative directive that does not implicate the constitution. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: May 3, 2024, Case #: AC46226, Categories: Ex Post Facto, Habeas, sentencing
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J. Kellum finds that the lower court properly convicted defendant on multiple counts of voyeurism but improperly sentenced him. The lower court did not err by admitting evidence of certain Internet searches that were extracted from defendant's phone. The court notes that the probationary terms of the split sentences are unlawful, however, and the matter is remanded for another sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0008, Categories: Criminal Procedure, Probation, sentencing
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: Evidence, Murder, sentencing
J. Cetrulo finds that defendant was properly denied an additional hearing for parole from the 99-year sentence imposed upon his 1987 murder conviction because his prior parole request had been denied, and he had been directed to serve the remainder of his sentence, rendering him ineligible for future parole under KRS 439.3403(2)(b). Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: May 3, 2024, Case #: 2023-CA-0835-MR, Categories: Murder, Parole, sentencing
J. Dato finds that defendant is ineligible for resentencing for conspiring to commit murder and attempted murder for luring her ex-husband to a remote location where her lover shot him. The attempted murder count was based on an intent to kill, not a natural and probable consequences theory. The conspiracy to commit murder jury instruction required a finding that she agreed with her lover's intention to kill, so it was not based on imputed malice. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: May 2, 2024, Case #: D080941, Categories: Murder, sentencing
J. Murguia vacates a sentence and remands a matter which the panel voted to rehear to reconsider the heightened standard of proof for factual findings at sentencing. The panel overruled its prior precedent and fully adopted the “preponderance of the evidence” standard. The matter stems from a search of a cell phone while defendant was on probation which yielded images of defendant in his home with a firearm and magazine. Defendant was indicted for and pleaded guilty to a single count of illegal possession of a firearm as a convicted felon.
Court: 9th Circuit, Judge: Murguia , Filed On: May 2, 2024, Case #: 22-50064, Categories: Evidence, sentencing
J. Goff finds that defendant was properly sentenced for violating a no-contact order because defendant sent letters to his victim while serving time for domestic battery. The trial court may not have exactly adhered to sentencing principles, but the court properly considered defendant's pattern of committing similar offenses. Affirmed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: May 2, 2024, Case #: 24S-CR-150, Categories: sentencing, Restraining Order
Per curiam, the circuit finds the district court improperly sentenced defendant on his guilty plea conviction for purchasing firearms by false statement. Defendant, an American citizen, purchased firearms for Mexican citizens, and was sentenced, in part, for furnishing firearms to "prohibited persons." The government failed to meet its burden of proving he bought the firearms with knowledge they would be transferred to a “prohibited person," as statutorily defined. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 2, 2024, Case #: 23-50069, Categories: Firearms, sentencing
J. Yun finds the lower court properly denied the convicted sex offender's request to remove his sex offender registration requirements. His multiple convictions for sexual misconduct involving an adult categorically preclude removal of registration requirements under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 2, 2024, Case #: 2024COA48, Categories: sentencing, Sex Offender
J. Stevens finds that the lower court properly sentenced defendant for shooting and killing his neighbor’s two German Shepherd dogs who were on his property, barking at and chasing deer he raised. The deer were fenced, and the dogs were interacting with the deer on the outside of the fence, so the killings were not protected by a legal defense that permits the killing of dogs in the process of killing or wounding other domestic animals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: May 2, 2024, Case #: J-S08038-24, Categories: Criminal Procedure, sentencing, Animal Cruelty
J. Snauffer finds that the instructions given to the jury in defendant's sexual abuse case did not create a preferential credibility standard for the complaining witness. One instruction told the jury to be careful when fact-finding on the basis on one witness's testimony and the other told the jury that a conviction may legally be based on one witness's testimony. However, the trial court erred in convicting him for distinct acts of sexual abuse that occurred during the period for which he was also convicted of continuous sexual abuse. Vacated in part.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: May 2, 2024, Case #: F085895, Categories: sentencing, Sex Offender, Jury Instructions
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: Ineffective Assistance, sentencing, Sex Offender
J. Golemon finds the trial court properly revoked defendant's deferred adjudication community supervision. Convicted by guilty plea as a habitual offender for unlawful possession of a firearm by a felon, defendant was found to have violated the terms of his supervision and was sentenced to 45 years in prison. Counsel has found no arguable grounds for relief and defendant has filed no response. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 1, 2024, Case #: 09-23-00184-CR, Categories: Firearms, Probation, sentencing
Per curiam, the circuit finds that the district court improperly sentenced defendant based on his guilty plea to possessing and conspiring to distribute cocaine, with an admission to participating in a murder to further the conspiracy. The prosecution challenged the time-served sentence as substantively unreasonable, and while the court cited defendant's success in turning his life around, the record did not fully explain the reasoning behind the below-guidelines term. Thus, remand for clarification is necessary.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1707-cr, Categories: Drug Offender, sentencing
J. Feuer finds that, after dismissing prior prison term sentence enhancements, the trial court properly gave defendant the same 12-year sentence he originally received for robbery and possession of a firearm by a felon. The trial court had discretion to reimpose a previously stricken firearm enhancement after finding he posed a continuing threat to public safety. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 1, 2024, Case #: B326131, Categories: Robbery, sentencing
J. Connors finds that the lower court improperly convicted defendant on two of the sexual offenses but properly convicted him on the other. At issue is whether the evidence sufficiently established the age of the victim. The court concludes that the evidence proves the victim was under the age of 14 but not under the age of 12. Accordingly, the convictions on the Class A and B offenses are vacated, and the matter is remanded for resentencing as to the Class C offense of unlawful sexual contact. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: April 30, 2024, Case #: 2024ME31, Categories: Evidence, sentencing, Sex Offender
J. Gustafson finds that the trial court erred in sentencing defendant to life for aggravated assault based on a a persistent felony offender designation. Defendant's record supported the designation but he was only declared a persistent violent offender when he was sentenced, and was not on notice of a potential enhanced penalty when he stabbed a fellow inmate with a broken pen. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 30, 2024, Case #: DA 22-0364, Categories: sentencing, Assault