46 results for 'cat:"Burglary" AND cat:"Sentencing"'.
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, for a sentence reduction stemming from his series of burglary and assault convictions. While the lower court did improperly conclude that the petition was untimely, the mistake was harmless because the court also ruled that the request lacked merit. This is because defendant did not bring forward any meaningful or new information that supports his reduction request. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: September 22, 2023, Case #: S-23-0089, Categories: burglary, sentencing, Assault
J. Gordon McCloud finds that the lower court properly sentenced defendant on attempted rape and burglary charges. Defendant was sentenced under the state's "three strikes" law stemming from two prior convictions defendant had earlier in life, one of which took place when he was a minor. Defendant claims the strike incurred when he was a minor should not count towards his current sentence, but under the law his sentence is based on his adult conduct, even if his priors contribute towards it. There is nothing unlawful about his sentence as a result. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: September 21, 2023, Case #: 100873-2, Categories: burglary, sentencing, Sex Offender
J. Gobeil finds that the trial court properly re-sentenced defendant to 30 years in prison for his burglary and theft by taking convictions. Defendant's theft by taking convictions were merged and he was not punished multiple times for the same crime when he was sentenced to 10 years for the merged conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 19, 2023, Case #: A23A0875, Categories: burglary, sentencing, Theft
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J. Kistler finds the sentencing court properly denied post-conviction relief to defendant, who pleaded guilty to burglary, theft, assault and sexual offenses. Peeler v. Reyes. Affirmed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: September 13, 2023, Case #: A177751, Categories: burglary, sentencing, Assault
J. Greenholtz finds the lower court improperly applied defendant’s pretrial jail credits. Defendant was convicted of burglary, aggravated kidnapping and aggravated robbery, and received an effective 20-year sentence. The lower court awarded him pretrial jail credit of 282 days, but ordered it only applied to the first count, when it should have been applied to all counts. The matter is remanded for correction. Vacated.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: September 13, 2023, Case #: W2022-01758-CCA-R3-CD, Categories: burglary, sentencing, Kidnapping
J. Kamins finds the sentencing court properly denied post-conviction relief to defendant, convicted of burglary, theft, criminal mischief and unlawful possession of methamphetamine. Mandell v. Miller. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A177238, Categories: burglary, Drug Offender, sentencing
J. Brown finds that the trial court improperly sentenced defendant to seven years in prison for his burglary conviction. Defendant had prior felony convictions for entering an auto and was therefore subject to the recidivist sentencing provisions of the statute. The case is remanded with direction that the trial court impose the maximum sentence of 25 years. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 11, 2023, Case #: A23A0792, Categories: burglary, sentencing
J. Tabor finds that deferred judgment was properly revoked after defendant was convicted of burglary following a convenience store break-in because defendant violated probation by selling marijuana and having access to a handgun. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: August 30, 2023, Case #: 22-1035, Categories: burglary, sentencing
J. Scales finds the trial court correctly denied defendant's motion for postconviction relief claiming his 40-year prison sentence handed down when he was 15 years old for crimes including armed burglary, kidnapping and armed sexual battery is unconstitutional cruel and unusual punishment under the Eighth Amendment. Defendant's appeal fails under Florida law and court precedent in part because his 40-year sentence does not rise to the life-sentence level of punishment to implicate the constitutional protections he claims. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: August 16, 2023, Case #: 22-2073, Categories: burglary, sentencing, Cruel And Unusual Punishment
[Consolidated.] J. Horton finds the trial court properly revoked defendant’s deferred adjudication of guilt and community supervision on his guilty plea convictions for burglary of a habitation and theft. Before revocation, the court declined to revoke, and modified the order requiring defendant to serve 90 days in jail in order to complete a treatment program. During this period, he violated further terms of his supervision and was sentenced to 20 years in prison. The court of appeals agrees with counsel’s conclusion that no arguable grounds exist to support the appeals. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-23-00023-CR, Categories: burglary, sentencing, Theft
J. Byrne upholds defendant's burglary conviction. While defendant had lived at the home of the victims for nearly two weeks leading up to the assault with hot oil, he had left the home and did not have a key; therefore, he could not establish residency there or that he had permission to be there on the day of the assault. However, the trial court erroneously failed to merge defendant's sentences, as the aggravated burglary and aggravated assault convictions stemmed from the same course of conduct and, therefore, were allied offenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: August 7, 2023, Case #: 2023-Ohio-2711, Categories: burglary, sentencing, Assault
J. McKinnon finds that the trial court properly denied defendant's speedy trial claims in a burglary trial. Much of the 573-day delay was attributable to his late request for new counsel and his late filing of a motion to dismiss, while delays from the Covid-19 pandemic added 100 days. However, the trial court relied on incorrect information when it classified him as a registered violent offender for sentencing. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: May 30, 2023, Case #: DA 21-0381, Categories: burglary, sentencing, Speedy Trial
Per curiam, the appellate division finds that the lower court properly sentenced defendant based on his guilty plea to burglary. The plea terms were altered following the discovery that the homeowner had been present during the burglary, but the enhancement did not render the sentence harsh. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 112116, Categories: burglary, sentencing, Plea