247 results for 'cat:"Probation"'.
J. Attrep finds a lower court ruled correctly in convicting defendant of escape from a community custody release program. Defendant argued the court erred by not providing jury instructions regarding his alleged “willfulness” to escape or the fact that he supposedly fled under duress after allegedly being attacked, but “willfulness is not an element of the charged offense” and even if defendant did initially flee in duress, “any alleged duress subsided during the period of time defendant was at large,” which lasted for more than 30 days. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: July 17, 2023, Case #: A-1-CA-39110, Categories: probation, Escape, Jury Instructions
J. Connolly affirms the district court's revocation of the defendant's probation and execution of his sentence for first-degree criminal sexual conduct. The state has met its burden of proving that defendant's repeated unsupervised contact with female minors despite a probation condition forbidding such contact, along with violations of conditions forbidding the use of sexually explicit material and requiring him to complete an outpatient sex offender program, warranted revocation of probation.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: July 10, 2023, Case #: A22-1715, Categories: probation, Sex Offender
J. Fineman holds that the trial court lacked jurisdiction to revoke defendant's probation after finding that his misconduct violated its terms. The statutory reduction in the maximum probationary term from five to two years retroactively modified his probationary period, so misconduct that occurred after the end of that period was not a violation of probation. Reversed.
Court: California Courts Of Appeal, Judge: Fineman, Filed On: July 6, 2023, Case #: A164649, Categories: Burglary, probation, Jurisdiction
J. Stratton finds that the trial court properly held that it lacked jurisdiction to hear defendant's motion to withdraw a no contest plea after finishing probation on an assault conviction. Though full jurisdiction was transferred to the county where his probation was supervised, the trial court in the county where he was tried, convicted and sentenced maintained jurisdiction over non-probation matters, including the motion to withdraw the plea. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: July 3, 2023, Case #: B315243, Categories: Criminal Procedure, probation, Jurisdiction
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J. Fisher finds that the lower court properly revoked probation and imposed a prison term based on defendant's guilty plea to grand larceny. Defendant made due process claims concerning the speed and sufficiency with which the probation violation had been handled, but he failed to preserve those objections by raising them at the appropriate times. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 29, 2023, Case #: 112843, Categories: Criminal Procedure, probation, Theft
J. Stewart finds that the trial court properly declined to resentence defendant after he violated parole, and instead ordered him to serve a previously suspended five-year prison term. He is not entitled to resentencing because he was too late to request the retroactive application of amendments to the sentencing statute. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 28, 2023, Case #: A165968, Categories: Firearms, probation, Domestic Violence
J. May finds that the lower court properly held that defendant violated probation and placed him in the custody of the department of corrections when the only residential facility did not have an immediate opening for him. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: June 28, 2023, Case #: 23A-JV-00011, Categories: probation
J. Corrigan finds that defendant's sentence for a burglary conviction improperly included a three-year probation term. Recent legislation that limits probation for most felonies to two years applies retroactively to cases that were nonfinal when the law became effective in 2021. Defendant, who agreed to the probation term when he pleaded guilty, will have the term shortened to two years while the rest of the plea bargain remains unchanged.
Court: California Supreme Court, Judge: Corrigan, Filed On: June 26, 2023, Case #: S271057, Categories: Burglary, probation, Plea
J. van Cleef finds that while sufficient evidence supports the trial court's decision to adjudicate defendant's guilt on counts of sexual assault of a child following the revocation of his community supervision for a failed drug test, he was "harmed by a denial of his right to confront the key witness against him." The case is remanded for a new adjudication hearing. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: June 22, 2023, Case #: 06-22-00170-CR, Categories: Confrontation, probation, Sex Offender
J. Mullins finds that defendant was properly sentenced following revocation of deferred judgment for probation violations related to his burglary conviction. Defendant twice violated probation, and he had been given the right to allocution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: June 21, 2023, Case #: 22-0661, Categories: Burglary, probation
J. Hagedorn finds the circuit court "likely stepped over the line" by administering defendant's supervision and probation conditions after his battery conviction instead of the Wisconsin Department of Corrections, conditions including a prohibition against living with any women or unrelated children without the circuit court's permission. Because Wisconsin law does not give the circuit court the kind of supervision power it granted itself by denying defendant's post-conviction motion, the matter is remanded to the circuit court so it can either clarify how its supervision and conditions imposed on defendant adheres to the law or modify its order. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 20, 2023, Case #: 2021AP000809-CR, Categories: probation, Battery
[Consolidated] J. Lambert finds that, under Florida Supreme Court precedent, the trial court should have granted defendant credit for time he spent on probation in two of his three consolidated third-degree felony cases when it sentenced him to 24 months of drug offender probation in addition to a 30-month split sentence after revoking his probation. The trial court's judgments in the two cases are reversed, and the cases are remanded to calculate the exact amount of probation credit defendant should be awarded. The revocation of community control in defendant's third felony case is upheld, as he was not on concurrent probation for that case when his split sentence was handed down. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: June 16, 2023, Case #: 22-2761, Categories: Drug Offender, probation, Sentencing
J. Zenoff finds that the lower court properly convicted defendant of violating his probation and sentenced him to 10 years in prison for unlawful delivery of a controlled substance. The trial judge properly recognized defendant was eligible for a sentence of up to 30 years in prison for violating the Illinois Controlled Substances Act. Affirmed.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: June 15, 2023, Case #: 220377, Categories: probation, Sentencing
J. Sutton finds the lower court properly placed the burden of proof on defendant to prove his release would not create a substantial risk of harm to the public. The relevant statute and case law requires the presumption a defendant who pleaded guilty by reason of insanity is dangerous to society if they are not properly rehabilitated. Regardless, the trial court properly revoked defendant's probation because his behavior, including a failure to abide by his treatment regimen and threats of violence against family members, made him a threat to those around him and the public at large. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: June 12, 2023, Case #: 22-5002, Categories: Evidence, probation, Threats
J. Jensen finds that the district court properly found defendant guilty of escape after being placed in the Lake Region Residential Reentry Center following a probation violation and subsequently failing to return to the facility after being let out only for work release purposes. Defendant argues he was not in “official detention” because he was on probation when he left the Reentry Center. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: June 8, 2023, Case #: 2023ND112, Categories: probation, Escape
Per curiam, the Fifth Circuit finds the lower court properly revoked the probationer’s terms of supervised release, convicted for aiding and abetting the theft of firearms from a licensed dealer. Proof presented at the revocation hearing, including defendant’s failure to submit financial documentation and a positive urinalysis, justify revocation, Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 8, 2023, Case #: 21-60950, Categories: Evidence, Firearms, probation
J. Gordo finds the trial court did not err in sentencing defendant to 60 months in prison after he violated his community control order entered when he was arrested while on probation for charges of aggravated battery and resisting an officer. Because defendant fully admitted to violating his community control order, including by changing his address without his probation officer's consent and failing to stay in drug and alcohol treatment, his argument that the trial court never made specific findings that his violations were "willful and substantial" is meritless. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: June 7, 2023, Case #: 22-1095, Categories: probation, Battery
J. Bennett finds that the district court properly denied defendant's motion to suppress evidence in a case in which he entered a conditional guilty plea to being a felon in possession of a firearm and ammunition. The arresting officers had probable cause to believe that defendant remained on active parole when he was detained and searched. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: June 6, 2023, Case #: 22-10027, Categories: Firearms, probation
J. Weissmann finds that the trial court properly held that defendant violated probation based on evidence indicating defendant failed to meet with the probation department once released from custody. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: June 2, 2023, Case #: 22A-CR-2667, Categories: probation
J. Mercier finds that the trial court improperly granted the state's petition to revoke defendant's probation for allegedly committing a RICO violation and failing to pay fines. Defendant's probation had expired at the time the petition was filed and the tolling order submitted by the state and signed by the trial court five years after defendant was sentenced to probation was never filed with the clerk of court. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0323, Categories: Criminal Procedure, probation
J. Tufte finds that the district court properly issued an order revoking probation after defendant pleaded guilty to two counts of endangerment of a child. Defendant alleged that his probation revocation was without proper notice and that inadequate findings were made against him. Defendant did not contest the five noted violations of his probation and admitted to those violations. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: May 30, 2023, Case #: 2023ND97, Categories: Evidence, probation