249 results for 'cat:"Probation"'.
J. Papik finds the county court properly removed defendant from the problem-solving court program. Convicted by guilty plea for attempted possession of a firearm by a prohibited person, defendant was enrolled in the program and subsequently removed due to repeated failures to comply with requirements. By pleading guilty, defendant knowingly and voluntarily waived his right to a presentence investigation and his sentence is within statutory guidelines. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: January 19, 2024, Case #: S-23-192, Categories: Firearms, probation, Due Process
J. Hixson finds the circuit court properly revoked defendant’s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months’ imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party’s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: probation, Threats, Terrorism
J. Brown finds the trial court properly found defendant guilty of failure to comply with sex offender registration and reporting requirements. When defendant moved during the Covid-19 pandemic, a sign-in sheet available to those registrants required to report in-person did not contain defendant's signature. Water usage reports at a residence for which defendant applied for service show consistent usage during a period in which no change of address was reported by defendant. All evidence supports the court's finding that defendant failed to report his change of address. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 17, 2024, Case #: CR-23-329, Categories: Evidence, probation, Sex Offender
J. Gladwin finds the circuit court properly revoked defendant's probation for her guilty plea conviction for theft of property. Defendant failed to report for intake and failed to make any payments on her fine or fees and costs. She also failed multiple drug tests. All evidence supports the court's finding that defendant inexcusably violated multiple conditions of her probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CR-23-180, Categories: Drug Offender, probation, Theft
J. Cabret finds the superior court improperly denied defendant's motion for reconsideration of a final order that ended his probation, closed the juvenile case in which he originally pleaded guilty to assault as a minor and put him in custody of the Department of Health Services for supervision. The superior court went beyond its statutory authority when, without prompting, it cancelled defendant's final hearing, closed his case and placed him with the department for continued supervision, so the case is remanded for it to follow the proper procedures to extend, modify, revoke or terminate his probation. Reversed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: January 11, 2024, Case #: 2024 VI 3, Categories: Juvenile Law, probation, Assault
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J. Sorenson finds that the trial court properly refused to bifurcate defendant's trial on a weapon charge from the determination of whether he was a restricted person since both issues were inextricably related. A mistrial was unnecessary after counsel impeached a witness's testimony. Counsel was not deficient for deciding not to object to an officer's claim that folding knives and a hatchet found in defendant's car were dangerous weapons. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 29, 2023, Case #: 20210884-CA, Categories: Criminal Procedure, probation, Weapons
Per curiam, the North Dakota Supreme Court finds that the district court properly entered criminal judgment revoking probation and imposing a new sentence of two years imprisonment. Defendant argued that the court acted unreasonably by revoking his probation and resentencing him. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND245, Categories: probation, Sentencing
J. Easter finds the lower court properly revoked a portion of defendant’s probation. Defendant pleaded guilty to sexual battery and received a five-years sentence suspended to probation. Defendant violated the terms of his probation when he violated a no-contact order and was arrested after a domestic disturbance with his ex-girlfriend. The lower court did not err when it partially revoked his probation, ordering him to serve one year in jail then be returned to probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: December 26, 2023, Case #: E2023-00881-CCA-R3-CD, Categories: probation, Sex Offender, Restraining Order
J. Cole finds that the lower court improperly revoked defendant's probation based on the alleged probation violations. Specifically, the state failed to produce "sufficient nonhearsay evidence" connecting defendant to the alleged violations. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-2023-0338, Categories: Evidence, probation
J. Chafin finds the lower court improperly sentenced the substance abuser to 60 days in prison. The substance abuser overdosed on drugs after recently being released from prison following a 2-year stint for drug use. Virginia's legislature made a law that limits the amount of time someone can be sentenced after breaking the terms of their probation related to drug use to only 14 days. Reversed.
Court: Virginia Supreme Court, Judge: Chafin, Filed On: December 14, 2023, Case #: 230127, Categories: Drug Offender, probation, Sentencing
J. Hoyle finds the trial court properly revoked defendant's community supervision for his conviction on possession of a controlled substance. The court originally approved a plea agreement and sentenced defendant to two years in state jail, probated for four years, also assessing costs and attorney fees, and no abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: December 14, 2023, Case #: 12-23-00068-CR, Categories: Drug Offender, probation
J. Benton finds a lower court properly revoked a defendant's probation for domestic violence and endangering a child. The defendant argued that his 24- month prison sentence in unreasonable. However, the government sufficiently showed in court that the defendant's actions of assaulting a domestic partner in front of the young child creates a detriment to her safety and emotional stability. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 12, 2023, Case #: 23-1406, Categories: probation, Domestic Violence, Child Victims
J. Benton finds a lower court properly denied a defendant's motion for mistrial. The defendant, who demanded another woman to "get the fuck out of the truck," after catching her with her husband, which resulted in a beating with a metal bar, argued that her actions did not constitute assault with a dangerous weapon, and that she is entitled to relief after her friend and witness wrongfully stated in court that she was on probation. However, the defendant is not entitled to a mistrial based on the judges instructions that she was not on probation at the time of the assault. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 4, 2023, Case #: 23-1192, Categories: probation, Assault, Weapons
J. Hixson finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to statutory rape, theft of property, vandalism of property, evading arrest, speeding, running a red light, operating a vehicle with no valid drivers license, and escape. Defendant entered another guilty plea to aggravated domestic assault, domestic assault, domestic vandalism of property, two counts of assault, three counts of failure to provide proof of financial responsibility, two counts of driving on a suspended license, driving on a revoked license, unlawful removal of a registration decal or plate, failing to display a certificate of vehicle registration upon demand, and violating the bumper law. Defendant violated the terms of his probation when he traveled to another state without the permission of his probation officer and was arrested for driving without a license, resisting arrest or obstructing justice, threat of force, driving under the influence with child, and gross, wanton or reckless care for child. The trial court revoked defendant’s probation and ordered him to serve the remainder of his sentence in the Tennessee Department of Corrections. The instant court finds no error in the lower court’s decision and sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: December 1, 2023, Case #: E2023-00261-CCA-R3-CD, Categories: probation, Sentencing
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to committing burglary while on probation for a prior offense. Defendant subsequently secured time in a drug treatment program, but he continued to violate its terms and was sentenced to prison as a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: 112731, Categories: Burglary, probation, Sentencing
J. Streeter finds that the trial court properly considered aggravating factors when sentencing defendant for criminal threats. Though not admitted by defendant or found true by a jury, his prior convictions were in the certified record, so the heightened proof standard for aggravating factors did not apply. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: November 29, 2023, Case #: A165613, Categories: probation, Threats, Dui
J. Mize finds the trial court properly granted defendant’s motion to correct a sentencing error by denying a motion to suppress evidence and improperly imposed probation fees. The court did not orally pronounce a probation cost per month at the time of sentencing. Therefore, this portion of the sentence shall be remanded to impose the correct probation cost per month. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: November 22, 2023, Case #: 6D23-1246, Categories: probation, Sentencing
Per curiam, the court of appeals finds the trial court properly revoked defendant's deferred adjudication community supervision. Defendant was convicted by guilty plea for credit card abuse of an elderly person and placed on community supervision for 4 years. During the term of supervision, defendant committed other offenses, failed to report those offenses, did not attend required AA meetings, failed to complete community service and failed to make payments. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: November 21, 2023, Case #: 12-23-00084-CR, Categories: Fraud, probation, Elder Abuse
J. May finds a lower court ruled correctly in convicting defendant of meth possession and resisting law enforcement and revoking his probation as a result of these new convictions. There was adequate evidence for both convictions, including because defendant “sprinted away” from an encounter with authorities, and revoking defendant’s probation was reasonable given his “failures to lead a law-abiding life.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: November 20, 2023, Case #: 22A-CR-3060, Categories: Drug Offender, Evidence, probation
J. Fuller finds that the trial court properly revoked defendant's probation and sentenced him to 18 months in prison for his admitted probation violations. Defendant's 44-day detention before his first appearance hearing did not warrant dismissal of the revocation petition. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: November 17, 2023, Case #: A23A1440, Categories: probation
J. Mackey finds that the lower court properly sentenced defendant based on her guilty plea to attempted robbery and attempted grand larceny. Defendant had been afforded some leniency as a teenager, but she violated the conditions of probation by committing armed robbery and violating conditions of house arrest. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 16, 2023, Case #: 111845, Categories: probation, Robbery, Sentencing
J. Clark finds that the lower court properly revoked probation after defendant was charged with choking a girlfriend into unconsciousness during an argument. The girlfriend subsequently contradicted her claims about being choked, but revocation was supported by evidence provided by police and other people to whom the girlfriend spoke following the incident. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 16, 2023, Case #: 113272, Categories: Evidence, probation