288 results for 'cat:"Sentencing" AND cat:"Sex Offender"'.
J. Gamble finds that defendant was properly convicted of sexual abuse and lascivious acts with a child for abusing his 7-year-old daughter because the trial judge did not exhibit bias even though he had previously sentenced defendant for the same crime in a ruling that had been overturned on appeal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gambill, Filed On: December 20, 2023, Case #: 22-0937, Categories: Judiciary, sentencing, sex Offender
J. Abele finds the failure by defendant's attorney to object to testimony from a detective was not ineffective assistance. Although the detective claimed defendant admitted he would not contest the sexual imposition charges, defendant had already confessed his crimes to his employer and in another police interview; therefore, the admission of the statement did not "hand the case" to the state. Meanwhile, the trial court made all required findings before it imposed consecutive sentences for defendant's convictions and, therefore, his sentence is reasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: December 20, 2023, Case #: 2023-Ohio-4809, Categories: Ineffective Assistance, sentencing, sex Offender
J. Warren finds that the appeals court improperly analyzed a question concerning whether a unit-of-prosecution analysis or a required evidence analysis should be applied to determine whether defendant's aggravated child molestation conviction merged with his two counts of child molestation. The appeals court applied a unit-of-prosecution analysis to the convictions and incorrectly found that the two child molestation counts merged into the aggravated child molestation conviction. The unit-of-prosecution analysis applies to the question of whether the two child molestation counts merge because the counts charge the same crime. Required evidence analysis applies to the question of whether aggravated child molestation and child molestation merge. Vacated.
Court: Georgia Supreme Court, Judge: Warren, Filed On: December 19, 2023, Case #: S23G0310, Categories: sentencing, sex Offender
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J. Greenholtz finds the lower court properly convicted defendant of aggravated rape and aggravated sexual battery for acts against a child under the age of 13. Defendant left the country after being charged, but was apprehended after his return almost 20 years later. Evidence is sufficient to support defendant’s convictions, but he was improperly sentenced. Because the crimes occurred in 1992, he should have been sentenced under pre-2005 sentencing statutes but was not. The matter is remanded to the lower court for resentencing. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: December 15, 2023, Case #: E2022-00525-CCA-R3-CD, Categories: Evidence, sentencing, sex Offender
J. Bowen finds the trial court properly denied defendant's petition for relief from sex offender registration requirements. Defendant was convicted by guilty plea for attempting to distribute harmful material to a minor. The plea was in exchange for the dismissal of a charge for an attempted lewd act with a minor. Though defendant says he is a tier 1 offender and has satisfied his 10-year registration requirements, he was convicted of a felony violation that was later reduced to a misdemeanor. Guiding law prohibits a trial court from relieving such a defendant of the lifetime registration requirement, and the requirement is not a form of punishment under the state or federal constitutions. Affirmed.
Court: California Courts Of Appeal, Judge: Bowen , Filed On: December 14, 2023, Case #: A164739, Categories: sentencing, sex Offender, Child Victims
J. Harris finds the lower court properly sentenced the defendant to life imprisonment despite him making a deal with the government to plead guilty. The defendant made his six adopted children perform sex acts together and with him, amounting to nine charges. The defendant made a deal to plead guilty to one count of aggravated sexual abuse in exchange for the other eight charges to be dropped. The defendant failed to meet the burden of showing a reasonable probability that, but for the error, he would not have entered the plea. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: December 13, 2023, Case #: 21-4185, Categories: sentencing, sex Offender, Plea
Per curiam, the circuit finds that the district court properly denied compassionate release as sought by defendant, a lawyer and former mayor of Waterbury, Connecticut, after he was convicted of repeatedly sexually assaulting two young girls. Defendant cited his age and health, along with the 37-year sentence, as "extraordinary circumstances" meriting release, but he used the perceived power of public office to make the abuse possible, causing his victims lasting harm. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 13, 2023, Case #: 22-2008-cr, Categories: sentencing, sex Offender
J. Banke finds the trial court properly convicted and sentenced defendant for committing lewd or lascivious acts on a child under the age of 14. Defendant, a registered sex offender, lived with the two victims' grandfather. Both victims have testified to various sex acts they were compelled to perform on defendant, and all evidence supports the convictions. Defendant knowingly and intelligently waived his right to jury trial, including as to aggravating facts of recidivism, and, therefore, his aggravated sentence is permissible. Affirmed.
Court: California Courts Of Appeal, Judge: Banke , Filed On: December 13, 2023, Case #: A165406, Categories: sentencing, sex Offender, Child Victims
J. Hixson finds the trial court properly denied defendant's petition for postconviction relief from his conviction for rape based on sufficient evidence. Defendant's mostly consensual acts with the victim became aggressive, and although the victim told defendant to stop, he partly penetrated her vagina with his fingers and penis. Furthermore, defendant fails to demonstrate prejudice or a reasonable probability his sentence would have been different had his mother testified. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: December 13, 2023, Case #: CR-22-616, Categories: Evidence, sentencing, sex Offender
J. Gratton finds that the juvenile defendant's 15-year sentence with 11 years determinate for attempted rape was supported by substantial evidence. His violent, unprovoked and opportunistic crime combined with a presentence investigation report, a psychosexual evaluation, and documents from multiple other psychiatric evaluations show that he presents an extraordinarily high risk of reoffending. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: December 11, 2023, Case #: 49994, Categories: Juvenile Law, sentencing, sex Offender
J. Baker finds that the district court properly revoked defendant's suspended sentence. He was not prejudiced by a six-day delay in bringing him before the district court for revocation proceedings because a previous appearance in justice court where he was informed of the revocation petition satisfied the prompt initial appearance requirement. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: December 5, 2023, Case #: DA 22-0325, Categories: sentencing, sex Offender
J. Segal affirms the defendant's criminal sexual conduct convictions and the district court's decisions to sentence him an engrained offender and to impose lifelong conditional release. The testimony of the teenager he was accused of abusing was sufficiently reliable to support a conviction, and while the district court erred in finding that he qualified for sentencing as a dangerous offender since he has only one prior violent-crime conviction, its determination that he "previously committed" a predatory crime was not erroneous. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: December 4, 2023, Case #: A23-0133, Categories: sentencing, sex Offender
J. Johnson partially affirms the defendant's criminal sexual conduct convictions and sentence. The defendant's guilty please are not invalidated by an unfulfilled promise of concurrent, rather than consecutive, stayed prison sentences, but he retains a right to post-conviction relief and to develop a factual record regarding the terms of his plea agreement. The consecutive stayed prison terms are not authorized by state law in this case, however, and so this case is remanded for resentencing. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 4, 2023, Case #: A23-0134, Categories: sentencing, sex Offender
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus to recalculate his prison sentence. The 10-year minimum sentences added to his life sentences for rape convictions were properly calculated under Ohio law, which allows for parole consideration after 10 full years of incarceration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 29, 2023, Case #: 2023-Ohio-4201, Categories: sentencing, sex Offender
J. Welbaum finds the Puss in Boots DVD and Minecraft UNO card game found in defendant's vehicle were sufficient for the lower court to find he violated the condition of his community control sanction that prohibited him from owning children's games or toys and allowed it to revoke his original sentence and impose a prison term. However, because the lower court relied on inaccurate information when it imposed its 30-month sentence, including that defendant had a prior felony sex conviction, that sentence must be vacated and the case remanded for proper analysis of the sentencing factors. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: November 17, 2023, Case #: 2023-Ohio-4157, Categories: Evidence, sentencing, sex Offender
J. Ervin-Knott finds that defendant was properly sentenced to 25 years imprisonment on his home invasion conviction. Defendant walked around the victim's house "at ease" before entering the house and attacking the elderly victim. Defendant pushed the victim down on the couch, threatened to rape her and kill her family if she did not give him money, and exposed his genitals to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: November 17, 2023, Case #: 2023-KA-0453, Categories: Evidence, sentencing, sex Offender