1,653 results for 'cat:"Sentencing"'.
Per curiam, the court of appeal finds that the trial court improperly summarily denied defendant's appeal from his burglary conviction and sentenced him to 15 years in prison because the record does not refute defendant's challenge to being designated a prison releasee reoffender, and he was entitled to a hearing. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2D2023-1114, Categories: Burglary, sentencing
J. Birkett finds that the lower court properly convicted defendant of home invasion on top of his murder conviction and sentenced him to 48 years for murder and 25 for home invasion. The evidence sufficiently showed that defendant entered the house with criminal intent, as he had a known dispute with the victim's brother, brought a BB gun and entered in the wee hours of the morning when everyone would be asleep. The lack of forced entry is explained by the fact that the victim arose earlier than usual to prepare for her day. Further, the court reasonably considered defendant's youth, mental health and substance abuse issues when passing sentence. Affirmed.
Court: Illinois Appellate Court, Judge: Birkett, Filed On: May 10, 2024, Case #: 230056, Categories: Murder, sentencing
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of domestic assault after he threw items at his wife and grabbed her by the arm and neck. The state introduced evidence of prior bad acts stemming back years ago and the daughter’s call to 911 during the incident. The state met the burden of evidence because it was relevant and admissible to explain the nature of the defendant’s behavior toward his wife. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-289, Categories: Evidence, sentencing, Domestic Violence
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J. Beck finds that the lower court improperly sentenced defendant following his guilty plea to driving under the influence of alcohol. His DUI conviction should not be treated as his third offense in 10 years for sentencing purposes based on his prior conviction in Ohio, for physical control of a vehicle while under the influence, that was improperly classified as substantially similar to Pennsylvania’s offense of a DUI. Vacated.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 9, 2024, Case #: J-A06036-24, Categories: Criminal Procedure, sentencing, Dui
J. Kitchens finds the trial court erroneously imposed a life sentence without parole after the jury in defendant's murder trial was unable to agree on a sentence. The U.S. Supreme Court decision in Miller v. Alabama bars such sentences for juvenile defendants; therefore, the case will be remanded to allow proper sentencing. Reversed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2023-CT-1381, Categories: Constitution, Juvenile Law, sentencing
J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: Evidence, Murder, sentencing
J. Brennan finds that the lower court properly denied defendant sentencing credit for his completion of behavior modification and substance abuse programs. Sentencing credit for these programs and for a county jail work assignment is not available for inmates in county jail, only for prisoners in the Department of Corrections. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: May 9, 2024, Case #: 220501, Categories: Burglary, sentencing
J. Flynn finds the Court of Appeals erred in dismissing defendant’s appeal based on concerns that the state would suffer delay-based prejudice in any retrial. “Although this court has long held that appellate courts possess the inherent authority to dismiss an appeal when the criminal defendant is a current fugitive, we have not endorsed the ‘former fugitive doctrine.’” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 9, 2024, Case #: S069880, Categories: sentencing, Dui
J. Yun finds the lower court properly dismissed defendant's gross disproportionality challenge to his 48-year prison sentence. The second-degree murder charge to which he pleaded guilty following the fatal drunk driving crash is a per se serious offense, while the physical and emotional damage inflicted on both the victims and their families warranted the maximum sentence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 9, 2024, Case #: 2024COA49, Categories: Murder, sentencing, Vehicular Homicide
J. Clark finds that the lower court improperly classified defendant as a risk level two sex offender when he requested a downward departure. Case records were not preserved for meaningful appellate review, and thus the matter must be remitted for a new hearing to detail how the court had weighed factors in classifying defendant. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 9, 2024, Case #: 532396, Categories: sentencing, Sex Offender
J. Beck finds that the lower court improperly denied defendant’s first petition filed pursuant to the Post Conviction Relief Act alleging his trial counsel was ineffective for failing to call character witnesses in his support in a domestic violence suit over his beating of his pregnant wife. The counsel’s failure to call character witnesses undermined defendant’s ability to instill reasonable doubt in the jury’s minds. Reversed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 8, 2024, Case #: J-S03044-24, Categories: Ineffective Assistance, Jury, sentencing
J. Kern finds that the circuit court properly entered judgment after defendant pleaded guilty to two counts of aggravated assault against a law enforcement officer. The charges arose out of an extremely dangerous high-speed chase during which defendant repeatedly fired weapons at pursuing officers. The circuit court sentenced defendant to serve two concurrent life sentences to run consecutively to sentences he was already serving for other offenses. Defendant claimed that his sentence was cruel and unusual in violation of the Eighth Amendment and was an abuse of the circuit court’s discretion. The sentence is not grossly disproportionate to the gravity of defendant's offenses and therefore did not violate the Eighth Amendment. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: May 8, 2024, Case #: 2024SD26, Categories: Constitution, sentencing, Assault
J. Ortega finds the Board of Parole and Post-Prison Supervision properly declined to “sum and/or unsum” defendant's consecutive prison terms for aggravated murder and first-degree robbery when calculating his projected parole release date. One of defendant's two prison terms is for aggravated murder, so the board lacks authority to “sum” his consecutive prison terms.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A177386, Categories: Murder, Parole, sentencing
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. Garrett finds the Governor erred by revoking the previous Governor’s commutation of one of defendant's sentences. “Because plaintiff had finished serving all of her sentences when the Governor revoked the conditional commutation, the Governor lacked authority, under the terms of the commutation.” Reversed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 8, 2024, Case #: S071034, Categories: sentencing, Theft
J. Beales finds a lower court did not err in convicting defendant for raping his wife. Defendant raised a number of objections, including arguing the court had improperly failed to consider his mental health at sentencing, but in fact the court had “considered the facts of this case” before sentencing and did not abuse its discretion in imposing a lengthy sentence. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0081-23-3, Categories: sentencing, Sex Offender
J. Mead finds that the lower court properly convicted defendant following a jury trial for “hunting a deer after having killed one,” as well as unlawful possession of wild animals. On appeal, he fails to show that the charge for possession of wild animals was barred under double jeopardy principles. Additionally, the matter is remanded for reconsideration of a stay order. The lower court had “the authority to order the original stay” and should decide whether to reinstate it. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 7, 2024, Case #: 2024ME33, Categories: Criminal Procedure, sentencing, Double Jeopardy
Per curiam, the Seventh Circuit finds that the lower court properly determined defendant is not entitled to a reduced sentence under the First Step Act. Defendant was convicted in 1998 of engaging in a continuing criminal enterprise (CCE) by managing the drug-trafficking operation of the Latin Kings street gang in Chicago and sentenced to life in prison. CCE convictions are not covered offenses under the Act because the statutory penalties of 20 years to life were not altered by the Fair Sentencing Act. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-1318, Categories: Drug Offender, sentencing, Gangs
J. Murphy finds the lower court properly denied defendant's motion for resentencing under the First Step Act because his drug trafficking crimes involved an intent to distribute over 500 grams of crack cocaine, well in excess of the 280 grams required to trigger a life sentence under the 2018 revised version of the Act. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: May 7, 2024, Case #: 21-3753, Categories: Drug Offender, sentencing
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. Smith affirms the district courts' grants of the defendant's demands to execute his sentences in two cases in two separate counties. A district court may grant such demands even if the conditions of probation are less onerous than the conditions of an executed sentence. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Smith, Filed On: May 6, 2024, Case #: A23-1342, Categories: sentencing, Dui
J. Restrepo finds the District Court erred in setting defendant’s guidelines range at 51–63 months. The “sentencing judge mistakenly believed that nearly the entirety of [defendant's] mitigation was accounted for by adjustments to his guidelines range.”
Court: 3rd Circuit, Judge: Restrepo, Filed On: May 6, 2024, Case #: 23-1927, Categories: Drug Offender, sentencing
Per curiam, the court of appeals finds the change in calculation of time served credits earned by inmates did not violate the inmate's constitutional rights under the ex post facto clause. The alteration was not a law, but was actually an administrative directive that does not implicate the constitution. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: May 3, 2024, Case #: AC46226, Categories: Ex Post Facto, Habeas, sentencing