1,653 results for 'cat:"Sentencing"'.
J. Lipinsky finds the trial court improperly convicted the defendant for felony DUI on the grounds of prosecution did not submit sufficient evidence. Therefore, this case is remanded to the trial court for entry of a judgment from felony DUI to misdemeanor DUI. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: May 16, 2024, Case #: 2024COA53, Categories: Evidence, sentencing, Dui
J. Van Cleef grants on appeal the cost reduction requests by an indigent defendant sentenced to 20 months in state jail for violating the terms of his community probation for unauthorized use of a vehicle. The trial court erroneously assessed $765 in attorney fees against the indigent defendant without finding a “material change in financial circumstances.” The trial court also failed to orally announce a $1,500 fine at the sentencing, which is deleted. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 16, 2024, Case #: No. 6-24-3-CR, Categories: sentencing, Sanctions, Attorney Fees
J. Rushing finds the lower court properly sentenced the defendant to 28 months in prison for violating the terms of his supervised release. The defendant argued the court consulted the wrong policy statement range in fashioning his revocation sentence because South Carolina attempted armed robbery is not a crime of violence under the version of the U.S. sentencing guidelines in effect at the time of his revocation hearing. South Carolina attempted armed robbery is a crime of violence under the residual clause of the guidelines definition in effect at the time of his revocation hearing. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: May 16, 2024, Case #: 16-4489, Categories: Firearms, Robbery, sentencing
[Consolidated.] J. Sullivan finds that the district court properly sentenced two defendants based on their guilty pleas to trafficking fentanyl but improperly enhanced one defendant's sentence for his leadership role absent evidence of such. Rather, the record indicated defendant operated as an independent middleman who made bulk sales to several customers, and who lacked control over other the other defendant's "parallel" operation. Meanwhile, the second defendant's contention that his family home could not constitute a stash house was not supported by a statutory basis.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 16, 2024, Case #: 22-1804(L), Categories: Drug Offender, sentencing
J. Raggi finds that the district court improperly sentenced defendant for his conviction on robbery counts that included murder of a robbery victim. Precedent now holds that rather than mandating consecutive sentences, concurrent sentences may be considered for murder counts. Thus, remand is necessary for the limited purpose of resentencing on the murder charge and to separately sentence defendant for his firearms conviction. Defendant's other claims on appeal lack merit.
Court: 2nd Circuit, Judge: Raggi, Filed On: May 15, 2024, Case #: 21-1379, Categories: Murder, Robbery, sentencing
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J. Pagan finds the post-conviction court properly imposed the statutory presumptive sentence of lifetime imprisonment on each count of child sexual abuse. “Defendant’s current offenses, combined with his criminal history, reflect a pattern of ‘nonconsensual sexual contact,’ ‘exploitation of child victims,’ or both.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A178945, Categories: sentencing, Sex Offender, Child Victims
J. Salter finds that the circuit court properly entered conviction after defendant pleaded guilty to a Class 5 felony version of grand theft. However, the panel vacates and remands for resentencing to apply a proper provision under South Dakota Codified Law. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: May 15, 2024, Case #: 2024SD27, Categories: sentencing, Theft
J. Yegan finds that defendant failed to preserve his claim that he is entitled to resentencing for conspiring to smuggle marijuana into prison. Neither he nor counsel show any legal error occurred in a previous resentencing that took two years off his 10-year sentence. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: May 15, 2024, Case #: B325433, Categories: Drug Offender, sentencing
J. Van Cleef affirms the trial court’s defendant's 65-year sentence for his aggravated sexual assault of a child conviction, dismissing the undisputed yet harmless argument the sentencing judge did not orally inform him he faced anywhere from 5 years to life behind bars or that he would be required to register as a sex offender. Both admonishments were included in plea documents signed by defendant and defense counsel. Texas prosecutors agreed not to ask the court to sentence him to more than 40 years confinement. However, defendant was advised the judge was not bound by any agreement between the state and defendant, according to transcripts of the sentencing proceedings. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 15, 2024, Case #: 6-23-56, Categories: sentencing, Sex Offender, Child Victims
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
[Consolidated.] J. Cobbs finds that the lower court improperly sentenced defendants' for criminal drug conspiracy and must make an inquiry into allegations of juror misconduct based on a juror's allegations of racial bias during deliberations. The court abused its discretion in refusing to allow the defense to obtain juror 40's affidavit making credible allegations of racial bullying by another juror. However, the sentencing on the charge of running a criminal drug conspiracy was in error because the court cannot impose an extended sentence without the jury making a finding on the specific quantity of drugs forming the object of the conspiracy. Vacated in part.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: May 14, 2024, Case #: 181491, Categories: Drug Offender, Jury, sentencing
J. Hixon finds the trial court properly convicted defendant for incest, rape, sexual battery, aggravated assault and aggravated rape. He abused his minor daughter for approximately four years until she told her school guidance counselor about the abuse. Defendant argues there was not enough evidence for his conviction and says his right right to a fair trial and due process were violated. He failed to take reasonable action to object at trial or to establish a clear and unequivocal rule of law was in fact violated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixon, Filed On: May 13, 2024, Case #: W2023-00693-CCA-R3-CD, Categories: sentencing, Sex Offender, Due Process
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: Evidence, Firearms, sentencing
J. Holloway finds the trial court properly convicted defendant for aggravated arson and sentenced him to 20 years. The defendant alleges the evidence did not support the conviction and the sentence was higher than the minimum. The trial court’s application of enhancement factors were proper advisory and the sentence was correctly imposed. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: May 13, 2024, Case #: W2023-01150-CCA-R3-CD, Categories: sentencing, Arson
J. Stabile finds that the lower court properly sentenced defendant to 15 to 30 years in prison for raping and sexually assaulting his two minor daughters. The court’s admission of one of the daughter’s out-of-court statements about how defendant bribed her sister to undress in a basement was appropriate. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 13, 2024, Case #: J-S06013-23, Categories: Evidence, sentencing, Sex Offender
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: Evidence, Firearms, sentencing
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: Evidence, Firearms, sentencing
J. Hazelrigg finds that the lower court properly sentenced defendant for murder. Defendant claims that during sentencing, the judge did not fully consider his intellectual disability as a factor for his sentencing range, but evidence on the record shows the lower court did in fact take that factor into account before passing the sentence. The matter is remanded, however, to strike legal financial obligations imposed against him. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: May 13, 2024, Case #: 84570-5-I, Categories: Murder, sentencing
J. Bush finds the trial court properly denied defendant's motion for safety-valve sentencing relief after he pleaded guilty to drug trafficking charges. Although he cooperated with federal investigators about his drug shipping operation, he failed to provide the names or aliases of any customers and lied about his involvement and monetary gain from the scheme. Meanwhile, although the court's failure to calculate defendant's sentencing guidelines was erroneous, the error was harmless because the court imposed a minimum fine and sentence, which did not prejudice defendant. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: May 13, 2024, Case #: 23-3048, Categories: Drug Offender, sentencing
J. Oden Johnson finds that the lower court properly dismissed defendant's postconviction motion challenging his murder conviction and sentence. Defendant was not prejudiced by a joint trial with his co-defendant, even if co-defendant was the one who wielded the gun during the crime. Further, defendant's 38-year sentence was not excessive, and would not qualify as a life sentence even if he had been a juvenile at the time of the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 10, 2024, Case #: 221748, Categories: Murder, sentencing
J. Doyle finds that the trial court properly denied defendant's amended motion to modify his 10-year sentence following his guilty plea to family violence battery, cruelty to children, aggravated stalking, terroristic threats and other offenses. Three years of defendant's sentence were to be served in prison and the remainder were to be served on probation. The trial court did not commit any error in canceling the hearing on defendant's motion since defendant's arguments were essentially the same as those presented during his plea and sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 10, 2024, Case #: A24A0345, Categories: sentencing, Battery
J. Heavican finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was convicted by no-contest plea for several counts of attempted sexual assault. His motion, based upon an alleged discrepancy between the pronounced and written sentence, was untimely made. Equitable tolling does not apply to the one-year limitation of the cited statute. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: May 10, 2024, Case #: S-22-644, Categories: sentencing, Sex Offender
Per curiam, the court of appeal finds that the trial court improperly summarily denied defendant's appeal from his burglary conviction and sentenced him to 15 years in prison because the record does not refute defendant's challenge to being designated a prison releasee reoffender, and he was entitled to a hearing. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2D2023-1114, Categories: Burglary, sentencing