26 results for 'cat:"Sentencing" AND cat:"Weapons"'.
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officers found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence, as required by statute. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: sentencing, Assault, weapons
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: sentencing, Assault, weapons
J. Lee finds that the lower court properly convicted defendant of being a felon in possession of a firearm but improperly sentenced him with an enhancement for possession of an explosive. The application of a higher base offense level effectively punishes him twice for the same conduct. Reversed in part.
Court: 7th Circuit, Judge: Lee, Filed On: April 30, 2024, Case #: 22-2607, Categories: sentencing, weapons
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Ahlers finds that defendant was properly sentenced for domestic abuse assault and other charges based on his Alford plea to charges contending he threatened to kill himself and his girlfriend with a bomb he had put in his mouth because the lengthy sentence was justified by his use of a dangerous incendiary device and his lack of remorse for the crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 23-0515, Categories: sentencing, weapons, Domestic Violence
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Though defendant pleaded true to a sentencing enhancement for a previous conviction for aggravated sexual assault of a child, he claims his 60-year prison sentence amounts to cruel and unusual punishment. The sentence is within guidelines and not constitutionally disproportionate for a habitual offender. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 29, 2024, Case #: 12-22-00002-CR, Categories: sentencing, Assault, weapons
J. Carroll finds the trial court properly denied a man’s motion to suppress out-of-court non-eyewitness identifications, entered a judgment of conviction for assault and robbery and sentenced for 10-to-15 years in prison. There were no suggestive identifications out of court non-eyewitness. The man fails to demonstrate an error of conviction judgment because he showed the employees a concealed weapon that appeared to be a gun. The sentence to serve is less than the maximum for a habitual offender. Therefore, the man was properly convicted and sentenced. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: January 19, 2024, Case #: 22-AP-275, Categories: Robbery, sentencing, weapons
[Consolidated.] Per curiam, the circuit finds that the district court properly enhanced defendant's sentence based on his guilty plea to weapon possession following a prior felony conviction. Defendant was properly convicted of attempted murder during a road-rage incident based on evidence demonstrating intent since defendant shouted threats at a van driver who blocked him from changing lanes and fired the weapon at close range after pulling up next to the van. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 27, 2023, Case #: 22-1361 (L), Categories: Intent, sentencing, weapons
Per curiam, the circuit finds the trial court properly convicted defendant for being a felon in possession of firearms based on sufficient evidence, sentencing him to the statutory maximum. Defendant was under investigation for possible involvement in a shooting when the weapons were discovered. Guiding case law states a defendant constructively possesses a firearm if he has “dominion or control over the premises in which the item is found.” Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 22-50360, Categories: Evidence, sentencing, weapons
J. Danner finds the sentencing court improperly sentenced defendant on no-contest plea convictions for assault with a deadly weapon and hit-and-run driving resulting in serious injury. Surveillance video and multiple witnesses reveal defendant ran over the victim after an altercation in a parking lot. Though courts are split, and the question is currently pending before the California Supreme Court, defendant is entitled to retroactive relief under a new bill making the middle term the presumptive sentence because the judgment was not final when the legislation took effect. Reversed.
Court: California Courts Of Appeal, Judge: Danner , Filed On: December 13, 2023, Case #: H049363, Categories: sentencing, Assault, weapons
J. Badding finds that defendant was properly sentenced to prison after pleading guilty to intimidation with a dangerous weapon for taking part in a fatal drive-by shooting at the age of 16 because incarceration would protect the public and provide defendant an opportunity for rehabilitation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 21, 2023, Case #: 22-1987, Categories: Juvenile Law, sentencing, weapons
Per curiam, the Fifth Circuit finds the district court properly dismissed the inmate’s civil action challenging the constitutionality of the Texas Penal Code used to determine his sentence. This challenge of his sentence of 50 years in prison by guilty plea for aggravated assault with a deadly weapon was dismissed as frivolous and for failure to state a claim. The inmate has improperly interpreted the code as to the different descriptions of assault as being with or without a weapon. His motion for judicial notice reiterating his inadequately briefed arguments is denied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 23-40113, Categories: sentencing, Assault, weapons
J. Arnold finds a lower court properly applied a two- level enhancement to a defendant's sentence after he pleaded guilty to possessing meth, drug paraphernalia, and a BB gun. The defendant argued that the BB gun is not a "dangerous weapon." However, the BB gun appeared to be a handgun. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 6, 2023, Case #: 22-3425, Categories: sentencing, weapons
J. Lynch finds that the lower court properly convicted defendant based on his guilty plea to weapon possession, reckless endangerment and resisting arrest. Defendant contends the sentence was harsh, but the aggregate term and post-release supervision fell within the negotiated range and defendant avoided a potential 15-year sentence on the top counts. Furthermore, the seriousness of his actions in firing a gun in the direction of a street crowd had potentially lethal consequences. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 5, 2023, Case #: 110933, Categories: sentencing, weapons, Plea
J. Hudson finds that the trial court properly convicted defendant for murder. Any cumulative effect of errors did not deprive defendant of a fair trial. The charge of concealing stolen property is dismissed due to insufficient evidence. The sentence for meth possession is modified from 10 years in prison to 5 years. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: September 21, 2023, Case #: 2023 OK CR 15, Categories: Murder, sentencing, weapons
J. Sack finds that a district court properly sentenced defendant to 48 months in prison after he pleaded guilty to unlawful possession of a firearm and ammunition. Defendant argues that his sentence is unreasonable. However, defendant has a prior conviction for unlawfully possessing a semi-automatic handgun, which is a crime of violence. Affirmed.
Court: 2nd Circuit, Judge: Sack, Filed On: September 21, 2023, Case #: 21-1782, Categories: sentencing, weapons
J. Orme finds that the trial court failed to allow defendant to address the court prior to sentencing on drug and weapons charges. Trial courts have an affirmative duty to provide criminal defendants an opportunity for allocution, which allows the trial court to evaluate a defendant's sincerity and to ask defendant for clarification of issues a defendant may have raised in writing. It also allows a defendant to confer with counsel during sentencing. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: August 3, 2023, Case #: 20210476-CA, Categories: Drug Offender, sentencing, weapons
J. Lee affirms defendant's 78-month prison sentence for illegally possessing a firearm while selling marijuana in daylight hours on a busy Chicago street. Defendant argues that his above-the-guidelines sentence was tainted by the district court’s lengthy commentary on the general prevalence of gun violence in Chicago, but "district courts may consider the serious problem of gun violence in Chicago in imposing stiff sentences on those who commit firearms offenses in the city.” Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: July 25, 2023, Case #: 21-3287 , Categories: Firearms, sentencing, weapons