1,653 results for 'cat:"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
J. Stevens affirms the trial court’s sentencing of defendant to 30 years in prison after a jury convicted him of armed robbery of a store. The trial court had no duty to inquire about whether there was a conflict of interest between the defendant and his defense attorney, who had recently been elected county district attorney. At trial, defendant’s counsel told the jury: “I’m the DA-elect. I’m the one that is going to be sitting in this chair come 2023.” On appeal, the defendant fails to specify any conflict of interest with his counsel even though he was not yet the county’s prosecutor. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: May 3, 2024, Case #: 06-23-171-CR, Categories: Criminal Procedure, Robbery, sentencing
J. McCool finds that the lower court properly denied the defendant’s motion to withdraw his guilty plea on a charge of robbery. He contends that the lower court was not authorized to sentence him outside the “range in the plea agreement due to his failure to appear at sentencing.” However, the decision was not an abuse of discretion. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0301, Categories: Robbery, sentencing
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J. McCool finds that the lower court properly convicted defendant for discharging a firearm into an occupied vehicle and assault, but improperly sentenced him. Specifically, the probationary period for his assault conviction was illegal, as it exceeded the maximum probationary period allowed. Accordingly, the case is remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0324, Categories: sentencing, Assault
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: Evidence, Murder, sentencing
J. Cetrulo finds that defendant was properly denied an additional hearing for parole from the 99-year sentence imposed upon his 1987 murder conviction because his prior parole request had been denied, and he had been directed to serve the remainder of his sentence, rendering him ineligible for future parole under KRS 439.3403(2)(b). Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: May 3, 2024, Case #: 2023-CA-0835-MR, Categories: Murder, Parole, sentencing
J. McCool finds that the lower court properly convicted defendant for murder, attempted murder and discharging a firearm into an unoccupied vehicle. On appeal, defendant contends that the lower court erred when it denied his motion for acquittal. The court notes that his arguments regarding eyewitness testimony go to the “weight of the evidence, not its sufficiency.” The case must still be remanded, however, to address a sentencing error. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0278, Categories: Criminal Procedure, Murder, sentencing
J. Dato finds that defendant is ineligible for resentencing for conspiring to commit murder and attempted murder for luring her ex-husband to a remote location where her lover shot him. The attempted murder count was based on an intent to kill, not a natural and probable consequences theory. The conspiracy to commit murder jury instruction required a finding that she agreed with her lover's intention to kill, so it was not based on imputed malice. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: May 2, 2024, Case #: D080941, Categories: Murder, sentencing
J. Stevens, finding no reversable error, upholds the trial court’s revocation of the defendant’s 10-year sentence to community supervision following his plea of guilty to deadly discharge of a firearm. He was sentenced to eight years in prison. Affirmed.
Court: Texas Supreme Court, Judge: Van Cleef, Filed On: May 2, 2024, Case #: 06-23-221-CR, Categories: Firearms, sentencing
J. Murguia vacates a sentence and remands a matter which the panel voted to rehear to reconsider the heightened standard of proof for factual findings at sentencing. The panel overruled its prior precedent and fully adopted the “preponderance of the evidence” standard. The matter stems from a search of a cell phone while defendant was on probation which yielded images of defendant in his home with a firearm and magazine. Defendant was indicted for and pleaded guilty to a single count of illegal possession of a firearm as a convicted felon.
Court: 9th Circuit, Judge: Murguia , Filed On: May 2, 2024, Case #: 22-50064, Categories: Evidence, sentencing
J. Goff finds that defendant was properly sentenced for violating a no-contact order because defendant sent letters to his victim while serving time for domestic battery. The trial court may not have exactly adhered to sentencing principles, but the court properly considered defendant's pattern of committing similar offenses. Affirmed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: May 2, 2024, Case #: 24S-CR-150, Categories: sentencing, Restraining Order
Per curiam, the circuit finds the district court improperly sentenced defendant on his guilty plea conviction for purchasing firearms by false statement. Defendant, an American citizen, purchased firearms for Mexican citizens, and was sentenced, in part, for furnishing firearms to "prohibited persons." The government failed to meet its burden of proving he bought the firearms with knowledge they would be transferred to a “prohibited person," as statutorily defined. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 2, 2024, Case #: 23-50069, Categories: Firearms, sentencing
J. Yun finds the lower court properly denied the convicted sex offender's request to remove his sex offender registration requirements. His multiple convictions for sexual misconduct involving an adult categorically preclude removal of registration requirements under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 2, 2024, Case #: 2024COA48, Categories: sentencing, Sex Offender
J. Stevens finds that the lower court properly sentenced defendant for shooting and killing his neighbor’s two German Shepherd dogs who were on his property, barking at and chasing deer he raised. The deer were fenced, and the dogs were interacting with the deer on the outside of the fence, so the killings were not protected by a legal defense that permits the killing of dogs in the process of killing or wounding other domestic animals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: May 2, 2024, Case #: J-S08038-24, Categories: Criminal Procedure, sentencing, Animal Cruelty
J. Snauffer finds that the instructions given to the jury in defendant's sexual abuse case did not create a preferential credibility standard for the complaining witness. One instruction told the jury to be careful when fact-finding on the basis on one witness's testimony and the other told the jury that a conviction may legally be based on one witness's testimony. However, the trial court erred in convicting him for distinct acts of sexual abuse that occurred during the period for which he was also convicted of continuous sexual abuse. Vacated in part.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: May 2, 2024, Case #: F085895, Categories: sentencing, Sex Offender, Jury Instructions
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: Ineffective Assistance, sentencing, Sex Offender
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. Feuer finds that, after dismissing prior prison term sentence enhancements, the trial court properly gave defendant the same 12-year sentence he originally received for robbery and possession of a firearm by a felon. The trial court had discretion to reimpose a previously stricken firearm enhancement after finding he posed a continuing threat to public safety. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 1, 2024, Case #: B326131, Categories: Robbery, sentencing
Per curiam, the circuit finds that the district court improperly sentenced defendant based on his guilty plea to possessing and conspiring to distribute cocaine, with an admission to participating in a murder to further the conspiracy. The prosecution challenged the time-served sentence as substantively unreasonable, and while the court cited defendant's success in turning his life around, the record did not fully explain the reasoning behind the below-guidelines term. Thus, remand for clarification is necessary.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1707-cr, Categories: Drug Offender, sentencing
J. Connors finds that the lower court improperly convicted defendant on two of the sexual offenses but properly convicted him on the other. At issue is whether the evidence sufficiently established the age of the victim. The court concludes that the evidence proves the victim was under the age of 14 but not under the age of 12. Accordingly, the convictions on the Class A and B offenses are vacated, and the matter is remanded for resentencing as to the Class C offense of unlawful sexual contact. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: April 30, 2024, Case #: 2024ME31, Categories: Evidence, sentencing, Sex Offender
J. Gustafson finds that the trial court erred in sentencing defendant to life for aggravated assault based on a a persistent felony offender designation. Defendant's record supported the designation but he was only declared a persistent violent offender when he was sentenced, and was not on notice of a potential enhanced penalty when he stabbed a fellow inmate with a broken pen. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 30, 2024, Case #: DA 22-0364, Categories: sentencing, Assault
J. Pryor finds that the lower court properly convicted defendant of being a felon in possession of a firearm and sentenced him to 96 months in prison. The arresting officers' testimony supported an enhancement for creating a substantial bodily risk to others, and the lower court reasonably considered defendant's mitigation arguments. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: April 30, 2024, Case #: 22-2764, Categories: Firearms, sentencing
J. Hull finds that the district court properly sentenced defendant to 96 months in prison following his guilty plea to possession of a firearm by a felon. The district court correctly calculated the base offense level in determining the advisory guidelines range for defendant's sentence. Defendant's two prior Georgia convictions for aggravated assault with a deadly weapon qualified as crimes of violence under the enumerated offenses clause of the statute. Defendant's argument that the Georgia offense is broader than the generic offense of aggravated assault is foreclosed by the earlier 11th Circuit panel ruling in United States v. Morales-Alonso. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: April 30, 2024, Case #: 23-10280, Categories: Firearms, sentencing