249 results for 'cat:"Probation"'.
J. Panella find that the lower court improperly granted the Pennsylvania Board of Probation and Parole’s request to add three conditions to defendant’s probation, which was imposed after he was charged with sexually abusing children. The trial court lacked a legal basis for entering this order modifying defendant’s probation. Vacated.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: November 14, 2023, Case #: J-A14012-23, Categories: probation, Sentencing, Sex Offender
J. Aoyagi finds the sentencing court properly included as a special condition of probation that defendant, who was convicted of harassment and domestic violence, must submit to polygraph examinations. “The claim of error is unpreserved, such that we are limited to plain-error review, and we conclude that the error is not plain.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: November 8, 2023, Case #: A177356, Categories: probation
J. Virden finds the circuit court properly revoked defendant’s probation and suspended imposition of sentence for his guilty plea conviction for domestic battery. Defendant failed to pay fines, costs and fees, nor did he meet with his probation officer according to the terms of his probation. He also committed the new offense of domestic battery. All evidence supports the revocation. Defendant’s arrest and incarceration for the new offense were not related to revocation proceedings and his time in jail could not have been due to his inability to make bail in the revocation proceedings. The court correctly ruled that no jail-time credit is warranted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 8, 2023, Case #: CR-23-122, Categories: probation, Bail, Battery
J. Freudenberg finds the district court improperly convicted defendant for possession of a controlled substance. The court found the search of defendant’s bedroom which yielded the controlled substance, after his arrest for DUI, was lawful according to terms of his already-ended probation on unspecified felonies and misdemeanors. The court pronounced that the probation terms were extended after the original term before conducting a hearing on an information to revoke probation. This is not permitted by the Nebraska Probation Administration Act. Reversed, vacated and remanded.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: November 3, 2023, Case #: S-23-056, Categories: Drug Offender, probation, Search
J. Virden finds the trial court properly revoked defendant’s suspended imposition of sentence for his convictions on charges of commercial burglary, theft of property and firearm possession. The state presented evidence that defendant was honked at by a customer in the Walmart parking lot as he backed out of a parking space. That customer testified that defendant “floored it,” causing his car to spin and hit several other cars, also striking and killing another customer who had been loading groceries into her car. Defendant later tested positive for meth and marijuana. All evidence supports the revocation and the sentence is within statutory limits. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 1, 2023, Case #: CR-23-67, Categories: Drug Offender, probation, Negligent Homicide
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Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for drug possession charges. The revocation was based on her pleading true to charges of possession, resisting arrest and tampering with evidence. Testimony by her supervision officer and a police officer support the convictions, and defendant's counsel has filed a brief stating that there are no arguable issues. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00101-CR, Categories: Drug Offender, Evidence, probation
Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for burglary of a habitation. Defendant pleaded true to all allegations including failure to appear, failure to submit to urinalysis, and failure to pay fees, and a hearing was conducted on the allegation of online sexual solicitation of a minor. An officer who posed as a 14-year-old girl online testified that he exchanged photos of the purported girl with someone using a phone number associated with defendant, who indicated that he was “DTF.” All evidence supports the revocation and defendant’s counsel has found no arguable points for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00111-CR, Categories: probation, Sex Offender, Child Victims
J. Reyes affirms the defendant's conviction for possession of ammunition as an ineligible person, finding that the district court did not err in barring the defendant's attorney from arguing that the state needed to prove that the defendant knew the ammunition he possessed was operable. While the defendant can argue that the ammunition was inoperable and therefore its possession was not unlawful, the state need not prove knowledge of operability. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: October 23, 2023, Case #: A22-1744, Categories: Firearms, probation, Weapons
J. Christensen finds that defendant was properly convicted of first-degree robbery and willful injury causing serious injury after he attacked a man with a baseball bat outside the man's apartment complex based on evidence including the victim’s testimony and corroborating surveillance video of the attack. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 22-0324, Categories: Evidence, probation, Assault
J. Boomgaarden finds that the lower court properly denied a motion from defendant, filing pro se, to correct what he alleges is an illegal sentence stemming from DUI convictions. Defendant claims he was not credited for time served spent on probation, but there is nothing in the law that would entitle him to that. The lower court did, in fact, credit him with his history of treatment during probation by reducing his sentence by one year. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: October 18, 2023, Case #: S-23-0123, Categories: probation, Sentencing, Dui
J. Horton finds the trial court improperly revoked defendant’s probation, sentencing him to five years in prison on his no-contest plea conviction for meth possession. When the court conducted the probation revocation hearing if found that docket sheet reflected that it released defendant’s attorney at a “Probation Revocation Announcement.” No other attorney was appointed in the hearing, and nothing in the appellate record shows that the trial court warned defendant about the danger of representing himself. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-22-00338-CR, Categories: Drug Offender, probation, Self Representation
J. Shea finds that the trial court properly denied a motion to suppress methamphetamine found in defendant's home during a probation home visit. Defendant allowed her probation officer and other officers to enter her home, where they saw a meth pipe in plain view, which gave them the requisite cause to conduct a more thorough search. Affirmed.
Court: Montana Supreme Court, Judge: Shea, Filed On: October 17, 2023, Case #: DA 21-0248, Categories: Drug Offender, probation, Search
J. Guidry finds the circuit court improperly tolled defendant’s probation period after a five-year delay in issuing a bench warrant for his arrest. Because the circuit court did not hear or issue a decision on a motion to revoke his probation due to the delay, the provision that governs tolling does not apply. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Guidry, Filed On: October 16, 2023, Case #: CAAP-22-356, Categories: Drug Offender, probation
J. Ortega finds the trial court erred because the Due Process Clause of the United States Constitution required application of the corpus delicti rule to his confession for having violated a condition of his probation. The appeal is unpreserved. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 11, 2023, Case #: A178001, Categories: probation, Due Process
J. Arnold finds a lower court properly sentenced a defendant, who pleaded guilty of assault by a habitual offender on a Native American reservation, to 24 months in prison after he violated probation. The defendant argued that the imposition was excessive. However, the government sufficiently showed in court that the defendant abruptly disappeared, tested positive for meth, and then dodged authorities who were investigating whether or not he stole a van. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 10, 2023, Case #: 23_1513, Categories: Drug Offender, probation, Sentencing
J. McMullen finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to statutory rape and received a four-year sentence suspended to supervised probation. Defendant violated the terms of his probation when he was arrested for driving under the influence of alcohol. As a result of the violation, the lower court revoked his probation and ordered him to serve the remainder of his four-year sentence in confinement. The instant court finds no abuse of discretion by the lower court in its order. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: October 9, 2023, Case #: W2022-01433-CCA-R3-CD, Categories: probation, Sex Offender, Dui
[Consolidated.] Per curiam, the Fifth Circuit finds the trial court properly revoked defendant’s term of supervised release after completing his prison sentence on drug charges. In addition to the violations, defendant also pled guilty to new federal charges of conspiracy to possess with the intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. All evidence supports the revocation and defendant’s extensive criminal history supports the court’s application of a career criminal sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 22-50895, Categories: Drug Offender, Firearms, probation
J. Aoyagi finds the trial court erred by imposing a special condition of probation regarding polygraph examinations that it did not announce in open court at sentencing. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 4, 2023, Case #: A178944, Categories: probation
J. Coogler finds the district court improperly sentenced defendant to 20 years' imprisonment after he violated a three-year probation term implemented in 2017 when he pleaded guilty to wire fraud by getting convicted in Florida state court of second-degree murder. The government did not give a specific reason on the record for why it was going so far beyond the guideline sentencing range of 12 to 18 months when sentencing defendant, so it is required that the sentence is vacated and the case is remanded for re-sentencing.
Court: 11th Circuit, Judge: Coogler, Filed On: October 3, 2023, Case #: 22-10742, Categories: Murder, probation, Sentencing
J. Loken finds a lower court properly imposed a revocation sentence and no contact order on a defendant who was convicted for domestic abuse of his fiancée. The defendant, who abuses alcohol, argued that the order is unreasonable because they own a restaurant together. However, the government presented sufficient evidence in court that an imposition of Condition 8, a ban on the defendant from communicating with his fiancée during supervised release, would likely protect her from future abuse. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 2, 2023, Case #: 22-3443, Categories: probation, Domestic Violence
J. Ayers finds the lower court properly revoked defendant's probation. Defendant pleaded guilty to one count of unlawful possession of a firearm by a convicted felon with a previous violent felony conviction and one count of simple possession of marijuana, and was sentenced to concurrent sentences of eight years with an 85 percent release eligibility date, suspended to probation after serving seven months in jail for the firearms conviction. Defendant violated the terms of his probation when he absconded, failed to report, and was found by a preponderance of the evidence to have committed new crimes while on probation. The lower court did not abuse its discretion in revoking probation and ordering defendant to serve the remainder of his sentence in confinement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: September 29, 2023, Case #: E2023-00155-CCA-R3-CD, Categories: Drug Offender, Firearms, probation
J. Lynch finds that the lower court properly resentenced defendant for violation of conditions on a criminal sale of controlled substance conviction. The defendant was given several chances to abide by the postconviction conditions of his probation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: September 28, 2023, Case #: 109521, Categories: probation, Sentencing
J. Reynolds finds that the lower court properly revoked probation and imposed a prison term based on defendant’s violation of probation for new charges of transportation and possession of child pornography. Defendant stated during his interview “he had kind of gotten back into” child porn, which was an admission against his interest and supported a preponderance of evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds, Filed On: September 28, 2023, Case #: 111704, Categories: probation, Child Pornography