247 results for 'cat:"Probation"'.
J. Palafox finds a lower court did not err in revoking defendant’s community supervision for failing to submit to drug tests after he pleaded guilty to heroin possession with a repeat-offender enhancement. Defendant argued he had not been given specific and adequate notice about the terms of his probation, but according to precedent from the Court of Criminal Appeals, a defendant waives their right to complain about probation terms if they don’t raise those complaints at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 10, 2024, Case #: 08-23-00237-CR, Categories: Drug Offender, probation, Plea
Per curiam, the court of appeals dismisses defendant's appeal. Convicted by a no-contest plea for meth possession, defendant's community supervision was revoked and then dismissed on appeal for deprivation of right to counsel. The trial court then denied defendant's motion to reinstate. The court of appeals does not have jurisdiction when the trial court's order does not adjudicate guilt or acquittal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 10, 2024, Case #: 09-24-00086-CR, Categories: Drug Offender, probation, Jurisdiction
J. Mize finds that the trial court erred in revoking defendant’s probation for failure to report to the probation officer two months in a row. The trial court’s order is remanded for reconsideration of probation being revoked and what sentence should be imposed. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 5, 2024, Case #: 6D23-786, Categories: probation, Sentencing
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J. Crothers finds that the district court properly revoked defendant's probation and resentenced him to 36 months of incarceration. Defendant claims that the court imposed an illegal sentence after it revoked his probation because the new sentence is longer than his original sentence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 4, 2024, Case #: 2024ND55, Categories: probation, Sentencing
J. Maxa finds that the lower court improperly issued an order that found defendant had violated the terms of his community custody. The violation stemmed from an incident where he reportedly threatened to stab his roommate, leading to a felony conviction for death threats and harassment that was later vacated due to insufficient evidence. The lower court found this incident still violated his community custody, but the relevant statute states that a violation cannot be based on hearsay evidence alone and this finding was too largely based on hearsay evidence. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: April 2, 2024, Case #: 57552-3-II, Categories: Criminal Procedure, probation
J. McMurdie finds a lower court improperly vacated a defendant's probation extension. The defendant, who pleaded no contest to theft, argued that he was entitled to withdraw from a probation extension and revocation. However, the State presented sufficient evidence in court that he made irregular restitution payments to his victim and then perpetrated another misdemeanor crime. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: April 2, 2024, Case #: 1 CA-CR 21-459, Categories: probation, Theft
J. Neeley finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for assaulting a member of his household by impeding breathing or circulation. Defendant's supervision was properly revoked for his failure to submit to a urinalysis and for committing another assault against a different victim. If defendant's right to confront the alleged victim during the revocation hearing was violated, any error regarding a violation to which he pleaded “not true” did not contribute to his conviction because he pleaded “true” to other offenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00199-CR, Categories: probation, Assault, Due Process
J. Stiglich grants defendant's petition for mandamus. Defendant pleaded guilty to attempted burglary and was sentenced to probation, but now seeks mandamus to compel the court to set aside the conviction after he completed substance abuse treatment. Relevant statute removes judicial discretion in cases where a defendant fulfills probation conditions for a drug court program.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 28, 2024, Case #: 86982, Categories: Burglary, Drug Offender, probation
J. Kellum finds that the lower court improperly revoked defendant's community-corrections sentence. Defendant had been given a split sentence in which "he was ordered to serve 2 years in community corrections, followed by 5 years' supervised probation," based on his guilty plea to a firearm charge and receiving stolen property. The revocation order was based on insufficient evidence. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: March 22, 2024, Case #: CR-2023-0843, Categories: Evidence, probation, Sentencing
J. Gaertner grants the state's request for a writ of prohibition directing the court not to terminate a probationer's term of probation due to her inability to earn compliance credits because of the nature of her offense. The probationer was convicted of statutory rape, an offense defined as sexual assault, and so was still under a term of probation when the alleged probation violations occurred.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 12, 2024, Case #: ED112417, Categories: probation, Sex Offender
J. Hodges finds that the trial court properly denied defendant's motion to terminate the remainder of his split probation sentence for burglary, theft by receiving stolen property, drug possession and obstruction of an officer. Although the Department of Community Supervision failed to provide notice to the state and the trial court that defendant successfully completed three years of probation, defendant also made no attempt to contact the agency about its responsibility to give notice on the status of his probation under the early probation termination statute. Defendant's sentence was still in force when the state secured a probation violation arrest warrant against defendant. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1690, Categories: probation
J. Welch finds the trial court properly convicted defendant for firearm possession. During defendant's probation sentence for convictions on charges of domestic violence, disturbing the peace and criminal trespass, he failed to report for drug testing. The ensuing inquiry yielded information regarding defendant's illegally being in possession of firearms, and a search of his apartment turned up firearms. The search was properly made under conditions of defendant's probation and his motion to suppress was correctly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 12, 2024, Case #: A-23-312, Categories: Firearms, probation, Search
J. Duarte finds the juvenile court should have granted a juvenile's motion to have his record sealed. He was entitled to have a juvenile wardship petition dismissed and his record sealed after satisfactorily completing probation for second-degree robbery. A new felony offense or a misdemeanor involving moral turpitude occurring during probation would bar having his record sealed, but not a new finding of wardship for a misdemeanor battery. Reversed.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: March 5, 2024, Case #: C099115, Categories: Juvenile Law, probation, Robbery
J. Heavican finds the district court improperly refused to consider defendant's motion for a deferred sentence. While being treated for post-traumatic stress disorder with schizophrenic symptoms resulting from a brain injury incurred during a military deployment, defendant was convicted by guilty plea for operation of a motor vehicle to avoid arrest. The district court erroneously concluded it did not have jurisdiction due to its conclusion that a cited statute involving a right to deferred judgment of conviction is unconstitutional. Reversed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 1, 2024, Case #: S-23-038, Categories: probation, Escape, Vehicle
J. Brownlee finds that the trial court improperly revoked a man’s probation for violating a no-contact order and sentencing him to jail for 60 days. There was no actual evidence to support the finding that the man willfully and substantially violated his probation. Therefore, this case is remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: March 1, 2024, Case #: 6D23-919, Categories: probation, Sentencing
J. Hodges finds that the trial court improperly revoked 24 years of defendant's probation for aggravated assault. Although the trial court correctly found that defendant violated his probation in one county by committing the new aggravated assault offense of choking his ex-girlfriend, the trial court's order incorrectly found that defendant committed other probation violations in another county for which the state did not provide evidence. The one-year delay between the probation revocation petition and the hearing did not violate defendant's due process rights. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 29, 2024, Case #: A23A1395, Categories: probation, Assault
J. Devaney finds that the circuit court erred in sentencing defendant after he pleaded guilty to possession of a controlled substance. While the lower court considered many factors and found them to be aggravating when it imposed a 5-year prison sentence, it also specifically found that defendant does not pose a significant risk to the public. Under that framework, the circuit court should have entered a sentence of probation. Vacated.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: February 28, 2024, Case #: 2024SD13, Categories: Drug Offender, probation, Sentencing
Per curiam, the circuit finds that the district court should have modified a special condition of supervised release that prohibited direct contact with minors without probation office approval because barring defendant from living in the family home with his own children exacerbated problems with securing permanent housing. On remand, reconsideration is recommended, and the court must present a more thorough explanation of its rationale.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 23-6145, Categories: probation