40 results for 'cat:"Sex Offender" AND cat:"Plea"'.
J. Bahr finds that the district court properly determined that no manifest injustice existed to necessitate defendant's attempt to withdraw a guilty plea after defendant pleaded guilty on an open plea to five felony counts concerning patronizing a minor for commercial sexual activity and possession of prohibited materials. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 16, 2024, Case #: 2024ND96, Categories: sex Offender, 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
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J. Myren finds that the circuit court properly entered conviction after defendant pleaded guilty to second-degree rape. Defendant contends the circuit court improperly denied his motion to withdraw his guilty plea because of his “lack of communication with his trial lawyer.” Defendant affirmed to the circuit court that he voluntarily and knowingly entered the plea agreement without coercion and with a complete understanding of its ramifications and the rights he would be waiving. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: April 3, 2024, Case #: 2024SD17, Categories: sex Offender, plea
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to criminal sexual act against two children. Defendant sought to withdraw his plea on grounds of duress, but during the plea colloquy he denied being threatened or coerced into pleading guilty. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 28, 2024, Case #: 111551, Categories: sex Offender, plea, Child Victims
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. McEvers finds that the district court properly entered an amended criminal judgment and a district court order denying defendant's request to withdraw his conditional guilty pleas and his claims of ineffective assistance of counsel. Defendant was charged with two counts of gross sexual imposition. Defendant did not show that his counsel rendered ineffective assistance. Affirmed.
Court: 9th Circuit, Judge: McEvers, Filed On: March 18, 2024, Case #: 2024ND47, Categories: Ineffective Assistance, sex Offender, 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. Molaison finds that defendant was properly convicted of sexual battery. The record shows that defendant was present for all critical stages of the proceedings and that there is no constitutional infirmity in defendant's guilty plea. The transcript of the plea colloquy shows that defendant was aware that he was pleading guilty to sexual battery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: February 28, 2024, Case #: 23-KA-351, Categories: Evidence, sex Offender, plea
J. Pitman finds that the trial court properly denied defendant's motion to withdraw his guilty plea to attempted sexual battery. In this case, defendant was properly informed of his rights at the guilty plea hearing and does not show that his plea was involuntary. Further, defendant received the significant benefits of pleading to the reduced charge of attempted sexual battery rather than third degree rape, and he had an unauthorized entry of an inhabited dwelling charge dismissed, which reduced his sentence exposure from 31 years to five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: February 28, 2024, Case #: 55,467-KA, Categories: 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. Gwin finds the lower court properly denied the inmate's motion for postconviction relief related to the trial court's denial of his motion to change his plea. His claim of a mental breakdown is insufficient to prove his guilty plea was not made knowingly or voluntarily, especially considering there is no evidence of coercion, and he made both oral and written waivers of his various rights when he pleaded guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 13, 2024, Case #: 2024-Ohio-535, Categories: sex Offender, plea
J. Doyle finds that defendant was properly denied relief from his 2011 sexual abuse conviction because defendant had not been experiencing side effects from prescribed medications that would have rendered his guilty pleas involuntary. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: February 7, 2024, Case #: 22-1354, Categories: sex Offender, plea
J. McShan finds that the lower court improperly convicted defendant based on his Alford plea to attempted kidnapping of two underage girls he and codefendant picked up while driving from Missouri to New York and back, leaving them in Ohio. Defendant made the plea based on the promise that he could challenge the preclusion of the defense that he had not known the girls' ages, but since conditional pleas are generally not accepted in New York, the matter must be remitted. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: January 25, 2024, Case #: 112832, Categories: sex Offender, plea, Kidnapping
J. Lumpkin finds the district court properly revoked defendant's suspended sentence for guilty plea convictions for rape by instrumentation. Probation rules directed defendant to report in Oklahoma, and bore his and his attorney's signatures, establishing he was aware of the requirements. That the probation was to be transferred to Arkansas did not absolve defendant of the requirement he stay in Oklahoma until transfer. Evidence supports revocation for the infractions of failure to report or pay fines, as well. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lumpkin, Filed On: January 25, 2024, Case #: RE-2022-638, Categories: Probation, sex Offender, plea
J. Egan finds that the lower court properly classified defendant as a risk Level 3 sex offender with a sexually violent designation. The higher assignment was warranted because the "depraved nature" of his rape of a 59-year-old woman in her home was not accurately reflected in the classification guidelines, and his concurrent crimes of burglary and robbery during the incident were not addressed in his negotiated plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 18, 2024, Case #: 535479, Categories: sex Offender, plea
J. Riedmann finds the county court properly denied defendant's verified motion for postconviction relief without an evidentiary hearing in connection with his sexual assault of a child conviction. Defendant's petition states he does not know whether a plea offer had been made by the state, but that counsel would be ineffective for not relaying it if one had been made. The absence of an allegation a plea offer was actually made is sufficient defect to deny an evidentiary hearing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 2, 2024, Case #: A-23-200, Categories: sex Offender, plea, Child Victims
J. McShan finds that the lower court improperly convicted defendant based on his guilty plea to rape involving a child because the agreement to waive indictment and prosecute by superior court information was jurisdictionally defective since such is not permitted when the crime involves a class A felony punishable by life imprisonment. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 21, 2023, Case #: 113189, Categories: Criminal Procedure, 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. Abele finds defendant's colloquy with the trial court during his plea hearing constituted a lawful waiver of his right to a trial and entered his Alford plea on the record, while the evidence and allegations in the indictment were sufficient to constitute an allocution of defendant's crimes. Meanwhile, the trial court was not required to sua sponte order a competency hearing because its lengthy discussion with defendant affirmed he was not under the influence of drugs and understood the effects of his plea deal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: November 16, 2023, Case #: 2023-Ohio-4305, Categories: Competence, 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. Fuller finds that the trial court properly dismissed defendant's motion to withdraw his guilty pleas to rape, aggravated assault and cruelty to children. The trial court lacked jurisdiction to grant the motion because it was filed outside the term of court in which defendant's sentence was entered. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 20, 2023, Case #: A23A1158, Categories: sex Offender, Assault, plea
J. Kistler finds the trial court properly denied post-conviction relief to defendant, convicted of kidnapping, rape and sodomy. “Petitioner’s guilty plea—specifically, his waiver of his Sixth Amendment right to a jury trial—was knowing and intelligent because he was correctly informed about the scope of that Sixth Amendment right, as the United States Supreme Court then interpreted it, when he entered his plea in 2007.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: September 13, 2023, Case #: A178342, Categories: sex Offender, plea, Kidnapping
J. Pirtle finds that the trial court improperly denied defendant's motion to withdraw his no contest plea for sexual assault and battery. Though defendant stated that he wished to go to trial if a no-contest plea would result in his having to register as a sex offender, the court interpreted the stipulation to be that a factual basis existed for nonconsensual sexual touch. Defendant alleged confusion about the nature of the intended plea, as the parties had crafted a plea where defendant was to plead no contest to assault and battery, and that “the factual basis would be stipulated to by both parties” so as to avoid sex offender registration. Defendant has carried his burden to prove a fair and just reason to withdraw his plea. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-22-762, Categories: sex Offender, Assault, plea