249 results for 'cat:"Probation"'.
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
J. Campbell finds the lower court properly revoked defendant’s probation, but improperly ordered him to serve his original sentence in confinement. Defendant was placed on probation after he pleaded guilty to two counts of attempted aggravated sexual battery. He was required to register as a sex offender and serve concurrent 10-year sentences on supervised probation. Defendant violated the terms of his probation when he was arrested and subsequently pleaded guilty to driving under the influence. As a result of the probation violation, the lower court revoked his probation and ordered him to serve his original 10-year sentence in confinement. Defendant argues the confinement order is excessive and he should have been placed back on supervised probation. The instant court finds the record lacks sufficient information to conduct a proper review, as the lower court failed to reason why it ordered defendant to confinement. The matter is remanded to the lower court for further consideration. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-01111-CCA-R3-CD, Categories: probation, Sentencing, Sex Offender
J. Gruender finds a lower court properly sentenced a defendant to 15 months in prison for obtaining marijuana following a previous conviction for selling crack cocaine. The defendant argued that he was entitled to obtain marijuana with his marijuana card. However, the defendant engaged in private distribution of the drug by sharing it with his girlfriend. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: February 26, 2024, Case #: 23-2421, Categories: Drug Offender, probation, Sentencing
J. Northcutt finds the lower court erred in finding defendant in violation of a special condition directing him to complete a sexual offender treatment program. He showed the state’s evidence that he was discharged from the program was mere hearsay. The lower court should enter an amended revocation order, omitting that violation. There must be three violations to revoke probation and impose a prison sentence. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: February 23, 2024, Case #: 2D22-2305, Categories: probation, Sex Offender
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J. Waples finds the criminal division properly denied a man’s motion for judgment of acquittal, its charge to the jury and probation conditions regarding a domestic violence incident. He argues there is insufficient evidence, and the jury was not instructed properly about the deadly weapon aspect; he says he threw a knife at the wall, not at the victim. He also challenges the probation condition that prohibits him from drinking alcohol. He failed to preserve the jury challenge and did not point out a plain error in the court’s judgment. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: February 23, 2024, Case #: 22-AP-334, Categories: probation, Sentencing, Domestic Violence
J. Kelly finds a lower court properly sentenced a defendant to 96 months in prison and three years probation. The defendant argued that the lower court erred in applying an attempted murder cross reference to his sentence to decide the level of his crime. However, the government presented sufficient evidence in court that the defendant shot a female associate in the leg after getting kicked out of a bar, intending to cause her death. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: February 22, 2024, Case #: 23-1260, Categories: Firearms, probation, Sentencing
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: Drug Offender, probation, Sentencing
J. Mullen finds that the lower court improperly denied the defendant's motion for pretrial release after being charged with a probation violation for unlawful use of a weapon. The alleged violation is not a detainable offense, so he is entitled to pretrial release pending his hearing on the state's petition to revoke his probation. Reversed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: February 22, 2024, Case #: 230512, Categories: probation, Bail, Weapons
J. Wright finds the county court properly revoked defendant's community supervision. Defendant violated the terms of his community supervision by drinking alcohol, failing to submit to drug tests and by assaulting his mother. He says the court erroneously believed he was on community supervision for assaulting his mother, when in fact it was for assaulting his mother's domestic partner. A previous assault on his mother was correctly one of the grounds for revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 21, 2024, Case #: 09-23-00056-CR, Categories: Evidence, probation, Assault
J. Logue finds the trial court properly found that defendant willfully violated the terms of his probation by associating with a person engaged in criminal activity, in this case being caught by police standing in an alley with two people while one of them of was handling a crack pipe. The evidence in the record, including the fact that defendant was standing "shoulder to shoulder" with the man with the crack pipe and yelled out and warned the others when he saw the police officers, is sufficient to support the trial court's finding, even if some of the evidence is circumstantial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: February 21, 2024, Case #: 22-2024, Categories: Evidence, probation
J. Thyer finds the county court properly revoked defendant's suspended imposition of sentence. After defendant's guilty plea conviction for manufacturing meth, he served seven years of a 15-year sentence before being paroled. During his parole term, he was rearrested for possession of multiple types of drugs. The court allowed testimony from the agent who conducted the controlled drug purchase for the limited purpose of establishing the reasoning behind his plan. Because the court expressly determined the testimony was not offered for its truth, its ruling did not offend the confrontation clause. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CR-23-214, Categories: Drug Offender, probation, Due Process
J. Carroll finds the trial court properly convicted a man of sexual assault, sexual exploitation by luring a child and carrying a weapon while committing a felony. The man argues the trial court erred by not instructing the jury carrying the gun and the sexual assault was related. The court also struck portions of his probation conditions, which he challenged for being unrelated to his conviction. Affirmed in part. Reversed in part.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 16, 2024, Case #: 23-AP-106, Categories: Firearms, probation, Sentencing
J. Emas finds the trial court properly denied defendant's motion to disqualify the trial court during proceedings in a case in which defendant was found to have convicted four new crimes, including drug possession and DUI, while on probation after serving a sentence for armed robbery and gun possession. The trial court did not err by inquiring about defendant being qualified as a "prison releasee reoffender" when determining whether to reject or approve defendant's negotiated plea, which defendant's counsel incorrectly argued deviated from the trial court's neutrality. Defendant's life sentence entered upon the revocation of his probation is upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 14, 2024, Case #: 22-1298, Categories: probation, Robbery, Plea
Per curiam, the court of criminal appeals finds that the lower court properly revoked defendant's probation as to the offense of second-degree assault, "for violating the terms of probation." Defendant does not challenge the sentence imposed on the second-degree assault conviction, though he correctly points out that the split sentence on his first-degree assault conviction was illegal. Accordingly, the revocation order based on that offense is void. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: CR-2023-0112, Categories: Criminal Procedure, probation, Assault
J. Shepherd finds a lower court improperly sentenced a defendant to 188 months in prison and five years probation for conspiring to distribute meth. The government argued that the defendant was not entitled to early termination of his supervised release. However, a probation office sufficiently showed in court that the defendant had completed three years and nine months of probation, and was deemed as a low risk re- offender. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 8, 2024, Case #: 23-2176, Categories: Drug Offender, probation
J. Benton finds a lower court properly sentenced a defendant to 270 months in prison and five years probation for possession with intent to sell 50 grams or more of meth. The defendant argued that the lower court erred in allowing a supplemental instruction for jury questions. However, the government sufficiently showed in court that the instruction did not prejudiced the defendant, who claimed it was "phrased negatively." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 7, 2024, Case #: 23-2149, Categories: Drug Offender, probation, Jury Instructions
Per curiam, the circuit finds the district court properly sentenced defendant to 24 months in prison after revoking his term of supervised release based on sufficient evidence. In violation of his supervised release terms, defendant broke into his pregnant ex-girlfriend's residence and assaulted her, pointed a gun at her head and threatened to kill her. He also broke into her home when she was not there and sent her texts with photos of himself inside, threatening to harm her and burn the home down. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-10142, Categories: probation, Assault, Terrorism
J. Perez finds that the district court improperly imposed special conditions on supervised release in sentencing defendant based on his guilty plea to possessing a firearm following a prior felony conviction because the court failed to explain the decision to prohibit defendant from associating with gang members or recruits, which should be examined on limited remand.
Court: 2nd Circuit, Judge: Perez, Filed On: February 5, 2024, Case #: 21-3015, Categories: probation, Sentencing, Plea
J. Aarons finds that the lower court properly revoked defendant's probation and resentenced him to prison based on his guilty plea to selling drugs. Defendant failed to preserve his contention that he did not voluntarily admit to violating probation, and he made no statements triggering the narrow exception to the preservation requirement. Affirmed.c
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 1, 2024, Case #: 110739, Categories: Criminal Procedure, Drug Offender, probation
J. Soto finds a lower court did not err in entering an order of deferred adjudication in an assault case. Defendant appealed, arguing she had not in fact waived her right to a jury trial, but while the record does not include a written waiver of her jury rights, there was nonetheless evidence that defendant “knowingly and intelligently” waived a jury trial, including in a recitation and in an email exchange between her defense attorney and a prosecutor. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 31, 2024, Case #: 08-22-00161-CR, Categories: Jury, probation, Due Process
J. Ray finds that the trial court properly sentenced defendant after he violated probation imposed upon his conviction for lewd and lascivious battery of a victim under 16 years old by having unsupervised contact with a minor. Defendant committed a "substantive violation," and the court was not limited by a six-year sentencing cap. Affirmed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 31, 2024, Case #: 1D2021-3609, Categories: probation, Sentencing, Sex Offender
J. Shepherd finds a lower court improperly sentenced a defendant to 110 months in prison and three years probation for being a felon in possession of a firearm. The government argued that his sentence was reasonable. However, the defendant sufficiently showed in court that he may be entitled to a lighter sentence over procedural errors. Vacated.
Court: 8th Circuit, Judge: Shepherd, Filed On: January 30, 2024, Case #: 22-3564, Categories: Firearms, probation, Sentencing
J. Lumpkin finds the district court properly revoked defendant's suspended sentence for guilty plea convictions for rape by instrumentation. Probation rules directed defendant to report in Oklahoma, and bore his and his attorney's signatures, establishing he was aware of the requirements. That the probation was to be transferred to Arkansas did not absolve defendant of the requirement he stay in Oklahoma until transfer. Evidence supports revocation for the infractions of failure to report or pay fines, as well. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lumpkin, Filed On: January 25, 2024, Case #: RE-2022-638, Categories: probation, Sex Offender, Plea
J. Johnson finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for the manufacture and delivery of PCP. Defendant admitted to the usage of PCP during the term of supervision and also failed to take part in community service or obtain employment. All the violations support the revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00226-CR, Categories: Drug Offender, probation