247 results for 'cat:"Probation"'.
[Consolidated.] J. Hodges finds that the trial court incorrectly revoked defendant's probation. Although the trial court correctly found that defendant committed the new offenses of methamphetamine trafficking, possessing drug-related objects, and illegally using a communications facility, the trial court incorrectly found that defendant committed the new offenses of engaging in a conspiracy to possess a controlled substance with intent to distribute and violating the Street Gang Terrorism and Prevention Act. The trial court incorrectly admitted evidence of line sheets instead of original recordings of phone calls between defendant and a gang leader. The evidence did not show a link between defendant's activities and gang activity. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: May 9, 2024, Case #: A24A0596, Categories: probation
J. Hellman finds the trial court properly revoked defendant's probation and imposed a term of incarceration. “The remedy would be to reinstate defendant’s probation, which would overlap with the sentence in his subsequent case.” Dismissed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A178819, Categories: probation, Sentencing
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
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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
J. Johnson finds the trial court properly convicted defendant for misdemeanor theft, sentencing her to community supervision. Surveillance video from Academy sporting goods shows defendant taking two $300 Yeti coolers from the store without paying. The store director also identified defendant at trial. Furthermore, defendant fails to present an argument as to how she was prejudiced by trial counsel’s alleged deficiencies. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 1, 2024, Case #: 09-23-00281-CR, Categories: Evidence, probation, Theft
J. Menashi finds that the district court properly revoked probation imposed upon defendant's conviction for drug trafficking and sentenced him to prison for violating the terms of release by repeatedly raping his teenage daughter over the course of a year. Defendant contends he received ineffective assistance at the violation hearing when counsel failed to present medical evidence indicating he was physically incapable of rape due to previous injuries, but he failed to demonstrate that any shortcoming had been prejudicial in light of his admission that he had sex with his wife on the same air mattress where some of the rapes occurred. Meanwhile, the sentence did not constitute an abuse of discretion. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: April 30, 2024, Case #: 22-1775, Categories: Evidence, Ineffective Assistance, probation
J. Waples finds that the trial court improperly granted the state’s motion to modify a condition of probation when imposing that the defendant must complete the Cognitive Self Change (CSC) program. The defendant argues that after his sentencing they changed the CSC program and his probation officer moved to modify the condition for the Risk Reduction Program, but he did not agree to the modification. The plain language of the condition was misinterpreted by the Department of Corrections to require the defendant to participate in CSC or an equivalent program. Therefore, the defendant could move to strike or modify the condition himself before it goes in effect. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 26, 2024, Case #: 23-AP-140, Categories: Criminal Procedure, Murder, probation
J. Palafox finds a lower court did not err in revoking community supervision for defendant, imposed as part of two separate cases. Defendant argued there was not adequate evidence at his revocation hearing that he had taken a truck without permission, but the owner clarified defendant did not have permission in this case, and — although defendant was permitted to use the truck for work-related duties — in this case he admitted “he had taken the truck not for necessities but to purchase Xanax for himself.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00018-CR, Categories: Evidence, probation
J. Palafox finds a lower court did not err in revoking community supervision for defendant, imposed as part of two separate cases. Defendant argued there was not adequate evidence at his revocation hearing that he had taken a truck without permission, but the owner clarified defendant did not have permission in this case, and — although defendant was permitted to use the truck for work-related duties — in this case he admitted "he had taken the truck not for necessities but to purchase Xanax for himself." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00022-CR, Categories: Evidence, probation
J. Luthy finds that the trial court properly imposed probation conditions on defendant for sex offenses he committed as a minor. He argued that since statute does not require sex offender registration for defendants whose offenses were committed as minors, it was error to impose the same restrictions on him as conditions of probation. But statute does not bar the imposition of sex offender conditions during the limited period of probation. However, the requirement to provide a DNA specimen was error since it is an express component of the requirement to register as a sex offender. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: April 25, 2024, Case #: 20230194-CA, Categories: Dna, probation, Sex Offender
J. Danilson finds that probation imposed upon defendant's guilty plea to intimidation with a dangerous weapon was properly revoked after she tested positive for methamphetamine and failed to complete drug testing necessary to maintain deferred judgment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 24, 2024, Case #: 22-1674, Categories: Drug Offender, probation
J. Hamilton finds that the lower court properly revoked defendant's probation, finding that he possessed a firearm in violation of the terms of his supervised release. While the trial judge should not have allowed defendant's probation officer to narrate a police surveillance video showing defendant with the gun without permitting defendant to cross-examine the officer, the error was harmless. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: April 24, 2024, Case #: 22-3282, Categories: Firearms, probation, Witnesses
J. Cabranes finds that the district court properly held that defendant's three-year term of supervised release for firearms possession began when imprisonment ended, not upon release from federal custody. Defendant had been transferred to New York custody on state charges of attempted murder, the conviction of which was vacated based on procedural error, and he was eventually freed when charges were dismissed on retrial. Defendant sought release from probation after spending four years in pretrial detention, but precedent holds that "imprisonment" ends when federal supervised release begins. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: April 23, 2024, Case #: 23-6394-cr, Categories: probation, Sentencing
J. Gratton finds that the trial court properly refused to suppress drugs and a firearm in defendant's home during a probation search prompted by a confidential tip. A probation agreement authorized law enforcement officers other than his own probation officer to conduct searches, and he did not preserve his challenge to the validity of the agreement or his claim that his probation officer must first request that he submit to a search. Also, the trial court's error in sustaining an objection to part of defendant's closing argument was harmless. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: April 23, 2024, Case #: 50051, Categories: Drug Offender, probation, Search
Per curiam, the circuit finds that defendant's request to reinstate his appeal should be again remanded as brought from the lower court's refusal to modify a condition of probation that prohibits him from having direct contact with minors, including his own children, without approval. Action had not been taken on remand within 30 days, and the issue should be heard by a different judge this time around.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-6145, Categories: Criminal Procedure, probation
J. Gladwin finds the circuit court properly revoked defendant's probation, sentencing her to 120 months in prison. Defendant previously pleaded guilty to charges of robbery and theft of property, receiving 10 years of probation. Later, defendant, thinking her boyfriend was cheating on her, confronted him in the front yard of the other woman's home, attacking him with a knife. Detective interview video shows defendant admitting to having a knife, which supports the revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 17, 2024, Case #: CR-23-652, Categories: probation, Assault, Weapons
J. Egan finds that the lower court properly revoked probation after defendant violated a condition by having contact with her estranged husband, who had been convicted of possessing a forged instrument along with his wife, because the condition had been set by her probation officer as reasonably related to rehabilitation in light of the perception that her husband was a negative influence who contributed to her criminal activity. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 11, 2024, Case #: 109182, Categories: probation
Per curiam, the appellate division finds that the lower court properly convicted defendant based on her guilty plea to burglary because defendant's appeal waiver precluded the challenge to the $190 restitution order. Meanwhile, the court properly revoked probation imposed upon a prior DUI conviction. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: CR-23-0071, Categories: probation, Restitution
J. Savoie vacates the driver's sentence for vehicular homicide for driving while intoxicated and rear-ending another vehicle, resulting in the other driver's death. The original judge changed the 30 eight-hour days of community service to 480 hours, but the trial court did not specify how much of the community service consisted of prevention, or how much "extra time, extra credit" this community service would count if the driver brought her children to church with her. Vacated.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: KA-23-779, Categories: probation, Sentencing, Vehicular Homicide
J. Hixson finds the circuit court properly revoked defendant's suspended imposition of sentence. Defendant was convicted for failure to support after not making $20,000 in child support payments. He pleaded no contest to charges of nonsupport and fleeing. All evidence supports the conviction. He also did not raise the issue the court failed to provide him with the written terms of his probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 10, 2024, Case #: CR-23-272, Categories: probation, Due Process