10 results for 'cat:"Theft" AND cat:"Plea"'.
J. Arterburn finds the trial court properly convicted and sentenced defendant, by no-contest plea, for felony theft. The victim testified defendant drove away in her truck after she entered a convenience store, leaving the truck's engine running. Other testimony corroborates this, as well as officer's having found the truck later, abandoned. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 27, 2024, Case #: A-23-650, Categories: theft, plea, Vehicle
J. Tabor finds that defendant was properly denied relief from his conviction for operating a motor vehicle without the owner’s consent because defendant failed to prove counsel breached an essential duty by allowing him to plead guilty to the lesser offense since doing so allowed him to avoid a theft conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1099, Categories: Ineffective Assistance, theft, plea
J. Brown finds that the trial court properly denied defendant's motion to withdraw her guilty plea to theft by shoplifting less than $500. The trial court correctly found that defendant's plea was voluntarily and knowingly entered. The trial court also correctly concluded that there was insufficient evidence showing that defendant's plea was the product of coercion based on her being in custody for months and being fearful of getting "lost in the system." Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 24, 2024, Case #: A23A1428, Categories: theft, plea
J. Miller finds that the trial court properly convicted defendant of theft by receiving stolen property following defendant's Alford plea. The trial court correctly found that there was a factual basis for defendant's guilty plea. The factual proffer set out by the state included sufficient facts to allow the trial court to find that the acts constituted the crime with which defendant was charged. The trial court could have reasonably found that a mobile home defendant possessed and lived in was worth at least $5,000. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: January 8, 2024, Case #: A23A1703, Categories: theft, plea
J. Kemp finds the circuit court properly denied defendant's petition for declaratory judgment and a writ of mandamus. Defendant pleaded guilty to all charges, including his habitual-offender status. Because no right to declaratory judgment exists, there is no basis for the writ. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: December 7, 2023, Case #: CV-23-300, Categories: Robbery, theft, plea
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J. Oxley finds that defendant was properly convicted based on his guilty plea to theft and being in possession of a firearm for taking two firearms from an acquaintance's house. Defendant must file a motion in arrest of judgment to claim his plea lacked a factual basis. Affirmed in part
Court: Iowa Supreme Court, Judge: Oxley, Filed On: November 3, 2023, Case #: 22-0553, Categories: Firearms, theft, plea
J. Abele finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to grand theft and vandalism. It made all required findings, including the necessity of such sentences to protect the public from future harm based on defendant's criminal history. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: August 28, 2023, Case #: 2023-Ohio-3108, Categories: Sentencing, theft, plea
[Combined.] J. Ceresia finds that the lower court properly convicted defendant of grand larceny by trial and then upon a guilty plea in two thefts over two days. Defendant argued the merchandise he allegedly stole from a discounter did not meet the $1,000 threshold for grand larceny, but items identified in surveillance video were valued at just over that mark. Furthermore, defendant's claim that he felt coerced into pleading guilty to stealing a vehicle in the face of possible persistent felony offender status if convicted at trial lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 27, 2023, Case #: 112978, Categories: theft, plea
J. Irion finds that the trial court properly imposed a $1.1 million restitution order after defendant pleaded guilty to identity theft in a scheme to steal unemployment benefits. A trial court lacks discretion to determine the amount of restitution, which is statutorily based on the victim's economic loss. Affirmed.
Court: California Courts Of Appeal, Judge: Irion, Filed On: July 18, 2023, Case #: D080411, Categories: Restitution, plea, Identity theft
J. Viramontes holds that the trial court must allow defendant to withdraw a no contest plea and vacate her convictions for identity theft and related offenses because she did not fully understand the adverse immigration consequences of her plea. Reversed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: June 29, 2023, Case #: B317814, Categories: plea, Identity theft