10 results for 'cat:"Probation" AND cat:"Theft"'.
J. Johnson finds the trial court properly convicted defendant for misdemeanor theft, sentencing her to community supervision. Surveillance video from Academy sporting goods shows defendant taking two $300 Yeti coolers from the store without paying. The store director also identified defendant at trial. Furthermore, defendant fails to present an argument as to how she was prejudiced by trial counsel’s alleged deficiencies. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 1, 2024, Case #: 09-23-00281-CR, Categories: Evidence, probation, theft
J. McMurdie finds a lower court improperly vacated a defendant's probation extension. The defendant, who pleaded no contest to theft, argued that he was entitled to withdraw from a probation extension and revocation. However, the State presented sufficient evidence in court that he made irregular restitution payments to his victim and then perpetrated another misdemeanor crime. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: April 2, 2024, Case #: 1 CA-CR 21-459, Categories: probation, theft
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
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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. 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. Logue finds the circuit court properly denied defendant's motion to vacate his 2013 felony grand theft conviction and sentence to eight months in jail for violating his probation order. Although a statutory amendment by the Florida legislature downgrading defendant's original criminal actions to a misdemeanor took effect three days before his underlying probation violation conviction in 2019, the circuit court still had jurisdiction to enforce its original probation order from 2013, and defendant's arguments to the contrary fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 23, 2023, Case #: 23-0238, Categories: Criminal Procedure, probation, theft
Per curiam, the Fifth Circuit finds the district court properly revoked defendant’s supervised release, sentencing her to the statutory maximum. Defendant was convicted by guilty plea for mail and wire fraud and aggravated identity theft, then committed the same crimes during her release, violating every supervision condition. Though the court erred in allowing initial sentencing considerations, sanctioning the violations as a “breach of the court’s trust” is allowed. Because use of identifying information, fraud and theft underpinned all offenses, and the violations resulted in even greater financial harm, all permissible considerations provide independent support for the violation sentencing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 17, 2023, Case #: 22-10595, Categories: Fraud, probation, Identity theft
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