247 results for 'cat:"Probation"'.
J. Thyer finds that the county court properly revoked defendant's probation imposed for a guilty plea conviction for nonsupport. The state alleged that he used controlled substances, failed to report to his probation officer, and failed to make payments on his fines, fees and restitution. Defendant admits that evidence was introduced at the revocation hearing and argues only that he had reasonable excuses for failing to comply with reporting and payment. Even if defendant properly challenged these violations, there is still sufficient evidence to support the revocation on his no contest plea to possession of controlled substance charges. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 27, 2023, Case #: CR-22-765, Categories: Drug Offender, probation
J. Klappenbach finds that the trial court properly revoked defendant's probation, which had been imposed for drug-related offenses. Defendant failed to report, failed to provide medical documentation, failed to obtain an assessment as directed, failed to pay court costs, and failed to make contact with his supervising officer after his release from jail. All evidence supports the revocation, and no error is found. The case is remanded to correct an error on the sentencing order, which does not state that it regards a probation revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 27, 2023, Case #: CR-22-771, Categories: Drug Offender, probation, Sentencing
J. Hixson finds that the trial court properly revoked defendant's suspended sentence on his negotiated plea for felony failure to appear and sentenced him to 6 years in prison. Defendant was arrested for possession of crack and theft of property. The arresting officer testified that after receiving a call about a theft at O'Reilly's Auto Parts, he encountered defendant, who matched the description, and found cocaine on his person after a search. Tools stolen from O'Reilly's were later found nearby. The officer saw no other person in the area, and the evidence supports the conviction for theft. The state doesn't need to prove more than one offense, with the standard for revocation being that it is more likely than not that the offense occurred. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: CR-23-60, Categories: Drug Offender, probation, Theft
J. Hixson finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to two counts of domestic assault and one count of aggravated assault and received an effective 10-year sentence to be served on supervised probation, but violated the terms of his probation multiple times. On his fourth violation for failing to report and being arrested for domestic assault, the lower court revoked defendant’s probation and ordered him to serve the remainder of his sentence incarcerated. The instant court finds no error or abuse of discretion in the lower court’s actions. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 22, 2023, Case #: M2022-00948-CCA-R3-CD, Categories: probation, Sentencing, Assault
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J. Miller finds the trial court properly relied on testimony from defendant's community control officer and imposed a prison term. Whether defendant was verbally and physically aggressive at his rehab center was irrelevant; rather, the testimony from the officer was used to establish that defendant was kicked out of the rehab program prematurely, regardless of the reason. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 18, 2023, Case #: 2023-Ohio-3297, Categories: probation, Sentencing
[Consolidated.] J. Henderson finds defendants' due process rights were violated by delays of two years and eight months, respectively, before their initial duration review hearing could be held, during which time they were forced to abide by conditions of probation even though the state had not met its burden to prove continued probation was necessary. Therefore, the cases will be remanded for new hearings that take into account the due process violations and defendants' eligibility to have probation revoked at the time their initial hearings should have been conducted. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: September 18, 2023, Case #: A-1-CA-39291, Categories: probation, Sex Offender, Due Process
J. Green finds a lower court properly dismissed a civilian's motion for a new trial. The civilian argued that the State erred in charging her for disorderly conduct. However, the State presented sufficient evidence in court that the defendant's sentence of six months of non- reporting probation and a 30 days sentence was justified by evidentiary testimony, which she failed to timely object. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green , Filed On: September 15, 2023, Case #: 125,695, Categories: Evidence, Fair Trial, probation
J. Markle finds that the trial court improperly revoked defendant's first offender probation status and denied his motion to discharge his sentence. The trial court incorrectly conducted the revocation proceedings after defendant filed his first notice of appeal. The state failed to timely file the revocation petition before defendant's probation expired. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 15, 2023, Case #: A23A1138, Categories: probation
J. Melanson finds that the trial court properly imposed restitution on defendant for the costs of extraditing her from Wyoming to Idaho after she violated probation. The substantial evidence standard in restitution statutes was inapplicable since she agreed to pay any extradition costs as a condition of probation. Affirmed.
Court: Idaho Court Of Appeals, Judge: Melanson, Filed On: September 15, 2023, Case #: 49829, Categories: Drug Offender, probation, Restitution
J. Gruber finds the circuit court properly revoked defendant's probation for possession of drug paraphernalia, possession of meth or cocaine with purpose to deliver, and operation of a vehicle without insurance. Defendant entered a negotiated guilty plea to felony possession of drug paraphernalia and possession of meth. Counsel has filed a no-merit brief and a motion to withdraw, asserting that there is no issue of arguable merit to raise on appeal. The court clerk sent defendant a copy of counsel’s brief and motion to inform him of his right to file pro se points for reversal, which he did not. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 13, 2023, Case #: CR-22-675, Categories: Drug Offender, probation, Plea
J. Johnson finds that the trial court properly revoked defendant's community supervision for his guilty plea conviction on charges of felony delivery of meth. Defendant pleaded “true” to testing positive for drugs in violation of the conditions of his community supervision. Because a plea of “true” to any violation will support revocation, this was within the trial court’s discretion. A clerical error referencing the wrong subsection of Health & Safety Code is corrected and a surplusage on the judgment referencing a fine that was not orally pronounced at sentencing is eliminated. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 13, 2023, Case #: 09-22-00289-CR, Categories: Drug Offender, probation, Plea
J. Thyer finds the circuit court properly revoked defendant's probation, sentencing him to a term of three years in the Arkansas Department of Correction per his guilty plea conviction for first-degree forgery and third-degree escape. Defendant violated the terms and conditions of his probation by failing to obey Arkansas law, testing positive for controlled substances, possessing a firearm, and failing to pay his financial obligations. His admission that he had smoked marijuana is sufficient to support revocation and renders otherwise reversible error harmless. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 13, 2023, Case #: CR-23-159, Categories: probation, Escape, Forgery
J. Pirtle finds that the trial court properly convicted defendant by no contest plea for one count of terroristic threat, later revoking his probation and sentencing him to one year of confinement. While the court did not articulate its weighing of requisite factors, there is no statutory requirement for this. Defendant was already serving concurrent probations for separate offenses and had violated probationary terms several times. However, the court did err in failing to impose post-release supervision in addition to confinement, and this issue is remanded. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-23-080, Categories: probation, Due Process, Terrorism
J. Reiber finds the lower court failed to consider all evidence in prior conduct consideration in the defendant’s probation-revocation case. While, the appeals court agrees with the probation violations, the judicial process did not preserve the public confidence in the system. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: September 8, 2023, Case #: 22-AP-231, Categories: Judiciary, probation
J. Brasher finds that the district court improperly revoked defendant's probation and ordered his imprisonment based on a violation committed after his supervised release had lapsed but while he was a fugitive from justice. The district court incorrectly tolled defendant's period of supervised release based on his fugitive status for Florida law battery, which happened months after the scheduled expiration of defendant's supervised release term. However, the district court had jurisdiction to revoke defendant's supervision based on his earlier violations for not contacting his probation officer. The case is remanded for the district court to decide whether to revoke defendant's probation based on that violation alone. Vacated.
Court: 11th Circuit, Judge: Brasher, Filed On: September 7, 2023, Case #: 22-13921, Categories: probation
J. Mooney finds the sentencing court properly ordered defendant, convicted of property crimes against his mother, to submit to polygraph tests. “The polygraph condition was reasonably related to defendant’s rehabilitation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: September 7, 2023, Case #: A177411, Categories: probation, Theft
J. Lobree finds the trial court properly revoked defendant's probation and sentenced him to 10 years in prison more than three years after he pleaded guilty to leaving the scene of an accident and driving without a license. In part because the evidence shows defendant violated his probation by testing positive for cocaine, changing his residence without notification and failing to report to his probation officer for two years, during which time he was investigated in connection with an attempted murder, the trial court made no error revoking his probation and sentencing him as a habitual offender. The case is remanded, however, for the trial court to conform a written order with oral pronouncements made at defendant's 2020 sentencing. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: September 6, 2023, Case #: 19-0551, Categories: Criminal Procedure, probation, Sentencing
J. Neeley finds the trial court properly revoked defendant’s deferred adjudication community supervision for his guilty plea conviction for engagement in organized criminal activity. Defendant’s motion to quash the state’s motion regarding the allegation that he failed to abide by the terms of his community supervision was properly denied. The trial court sought to explain to the new trial counsel that before the state’s filing of its motion to adjudicate, the court met with defendant’s prior attorneys along with the prosecuting attorney and, at defendant’s request, the alleged violation was crafted in such a way that the nature of defendant’s agreement was intentionally obfuscated. The trial court took judicial notice, and, to the extent that such facts may not be an appropriate subject of judicial notice, defendant made no objection, failing to preserve error. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 6, 2023, Case #: 12-22-00305-CR, Categories: probation, Conspiracy
J. Kirsch finds that the lower court properly ordered defendant to complete a sex-offender assessment as a condition of supervised release. The presentence investigation report indicated that defendant had been convicted of an offense that involved the sexual assault of a minor. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 31, 2023, Case #: 22-1817, Categories: probation, Sex Offender
J. Elrod finds the district court properly modified a number of the special conditions imposed upon defendant’s 15-year term of supervised release after discharge from his 168-month prison sentence for receiving child pornography. All modified terms address defendant’s use of computers and the internet, as well as associating with minors, administered through the potential use of lie detector tests. Defendant contends that the court lacked jurisdiction to modify the conditions based on an unconstitutional ban on access to all computers. This is true, though the probation office gives other reasons for modification, including that the modifications provide for greater efficiency in monitoring defendant. The district court has jurisdiction to modify supervised release conditions even without other changes in circumstance. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: August 30, 2023, Case #: 22-30383, Categories: Constitution, probation, Child Pornography
J. Barrett finds the circuit court improperly revoked defendant’s suspended imposition of sentence on his guilty plea conviction for possession of less than two grams of meth. The revocation was based on alleged violations of possession with intent to deliver that occurred prior to the sentencing order’s entry. Although defendant’s suspended sentence commenced upon pronouncement in the courtroom, it may not be revoked unless the sentencing order is entered in the record. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: August 30, 2023, Case #: CR-23-69, Categories: Drug Offender, probation, Due Process
J. Chehardy finds that the trial court correctly revoked defendant's probation. Defendant properly pled guilty to third-offense DUI, and the sentence was properly imposed to the terms of his plea agreement. In this case, defendant did not comply with the requirements of drug court as part of his plea agreement, and his probation was revoked. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 30, 2023, Case #: 23-KA-30, Categories: probation, Dui, Plea
J. Miller finds the trial court properly revoked defendant's youthful offender probation stemming from his convictions for armed carjacking, firearm possession and burglary and sentenced him to six years in prison. Even though the trial court correctly revoked defendant's probation for failing to undergo a sex offender evaluation that became a specific requirement as part of an initial mental health evaluation mandated by his probation, the case is still sent back to the trial court so it can conform its written order with its oral pronouncement of sentence. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 22-1249, Categories: Burglary, Firearms, probation
J. Greer finds that defendant was properly sentenced to prison based on the guilty plea he entered to failure to comply -- verification violation for providing false information to police. Defendant was a habitual offender on probation, and the lower court considered age, mental health, and other factors during sentencing. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 23-0245, Categories: probation, Sentencing