29 results for 'cat:"Assault" AND cat:"Plea"'.
J. McKinnon finds that defendant was not entitled to a mental health evaluation before he pleaded guilty for aggravated assault and attempted sexual assault since the record shows the plea was knowingly and voluntarily entered. His double jeopardy rights were not violated since the two offenses do not share the elements of sexual contact and serious bodily injury. But the trial court must revisit his ability to pay jury costs and the fee for a presentence investigation report. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: May 14, 2024, Case #: DA 21-0571, Categories: assault, Double Jeopardy, plea
J. Aarons finds that the lower court properly sentenced defendant in absentia and outside his plea deal after he cut off his ankle bracelet and absconded because defendant had been expressly advised by the court that both could occur if he failed to show up for sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113291, Categories: Sentencing, assault, plea
J. Miller finds defendant's attorney did not provide ineffective assistance of counsel when she suggested he take a plea deal. Although she told him the county of the trial court was predominantly white and that a jury could include biased members, such communications did not represent coercion or prevent defendant from making an informed decision about how to proceed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: 2024-Ohio-1334, Categories: Ineffective Assistance, assault, plea
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to assault for a stabbing and theft of property. Although the plea allocution was halted when defendant made statements raising potential defenses, he subsequently agreed to the plea deal and fully participated in the colloquy. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 14, 2024, Case #: 113186, Categories: assault, plea
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[Consolidated.] J. Land finds that the trial court properly denied defendant's motion to withdraw his guilty plea to offenses including aggravated assault arising after defendant fired a gun into a crowd which included five police officers. However, the case is remanded to the trial court for correction of a scrivener's error in the written sentencing order. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 13, 2024, Case #: A23A1679, Categories: assault, plea
J. Palafox finds that a lower court ruled correctly in convicting defendant on assault charges. Defendant argues that he received ineffective counsel by failing to communicate that the had accepted a plea offer before the state rescinded it, but he did not raise this issue until appeal and his attorney has not been given an opportunity to "to contest or contextualize his allegations." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 21, 2023, Case #: 08-23-00092-CR, Categories: Ineffective Assistance, assault, plea
J. Hassan finds that the trial court properly dismissed defendant's charge for felony assault of a public servant. The prosecutor had promised not to refile the charge if defendant pled guilty to misdemeanor DWI charges, so defendant's motion for specific performance was correctly granted despite the fact those charges were dismissed before she had the opportunity to plead guilty. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 14, 2023, Case #: 14-20-00496-CR, Categories: assault, plea, Contract
[Modified.] J. Humes removes two citations with no change in judgment. Defendant may seek to have his sentence reduced in a full resentencing hearing on assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: November 2, 2023, Case #: A166124, Categories: Sentencing, assault, plea
J. Powers finds that the lower court properly convicted defendant based on her guilty plea to assault for stabbing her paramour in a home where children were present. Defendant, who is not a U.S. citizen, contends her plea was involuntary since she had not been informed of the potential immigration implications, but the record indicates the issue had been addressed. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: November 2, 2023, Case #: 112749, Categories: Immigration, assault, plea
J. McKinnon finds that the lower court properly found that the state could withdraw from its plea agreement sentencing recommendation based on alleged crimes defendant committed while in custody. Furthermore, defendant waived any challenge to the untimeliness of the state's persistent felony offender notice by entering a guilty plea to assault. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: October 31, 2023, Case #: DA 22-0306, Categories: Sentencing, assault, plea
[Consolidated.] J. Reynolds Fitzgerald finds that the lower court improperly convicted defendant based on his guilty plea to assault after a heavy night of drinking with a female acquaintance. Statements that raised potential defenses at sentencing should have been further explored, and defendant was not given a chance to withdraw his plea. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: October 26, 2023, Case #: 110040, Categories: assault, plea
J. Pipkin finds that the trial court properly denied defendant's motion to withdraw her guilty plea to aggravated assault and making a terroristic threat. The trial court correctly accepted defendant's Alford plea to the terroristic threat charge. The record shows that defendant understood her rights and the consequences of the plea. The trial court also made sure defendant knew that she was waiving her right to confront her accusers by pleading guilty. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 25, 2023, Case #: A23A1174, Categories: assault, Threats, plea
J. Humes finds that defendant may seek to have his sentence reduced in a full resentencing hearing on his assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 17, 2023, Case #: A166124, Categories: Sentencing, assault, plea
J. Watkins finds that the trial court improperly denied defendant's motion to withdraw his guilty plea to aggravated assault and false imprisonment on the basis that his plea counsel failed to disclose a conflict of interest. Defendant alleged that his plea counsel was facing restitution for damaging the prosecutor's car in a hit-and-run incident. The trial court failed to address whether an actual conflict of interest existed and incorrectly required defendant to show that the presumed conflict of interest affected the outcome of the proceedings. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 13, 2023, Case #: A23A1011, Categories: Ineffective Assistance, assault, plea
J. Abramson finds the circuit court properly denied the inmate convicted for criminal mischief and aggravated assault’s petition for postconviction relief. Though defendant was acquitted on a second count of assault, and the jury deadlocked on a murder charge, defendant entered a negotiated guilty plea to murder. Defendant admittedly shot the victim multiple times, hitting him with every shot, immediately fleeing at a speed that caused him to nearly run over a police officer and sent his car airborne, crashing on top of a police vehicle. Defendant’s self-defense argument has been rejected. The postconviction proceeding is civil in nature and appointment of counsel is discretionary. There is no civil rights violation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CR-22-548, Categories: Murder, assault, plea
J. Johnson finds the trial court properly convicted defendant by guilty plea for aggravated assault with a deadly weapon. Defendant's neighbor and girlfriend testified that he hit his girlfriend with an infant car seat during an argument. The girlfriend testified that she was hospitalized for injuries that included a fractured wrist, an injury to her leg, and bruises to her face. All evidence supports the conviction. Defendant knowingly and intelligently entered his guilty plea, and he was not denied right to counsel. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 20, 2023, Case #: 09-22-00225-CR, Categories: assault, Weapons, plea
J. Fuller finds that the trial court properly dismissed defendant's motion to withdraw his guilty pleas to rape, aggravated assault and cruelty to children. The trial court lacked jurisdiction to grant the motion because it was filed outside the term of court in which defendant's sentence was entered. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 20, 2023, Case #: A23A1158, Categories: Sex Offender, assault, plea
J. Pirtle finds that the trial court improperly denied defendant's motion to withdraw his no contest plea for sexual assault and battery. Though defendant stated that he wished to go to trial if a no-contest plea would result in his having to register as a sex offender, the court interpreted the stipulation to be that a factual basis existed for nonconsensual sexual touch. Defendant alleged confusion about the nature of the intended plea, as the parties had crafted a plea where defendant was to plead no contest to assault and battery, and that “the factual basis would be stipulated to by both parties” so as to avoid sex offender registration. Defendant has carried his burden to prove a fair and just reason to withdraw his plea. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-22-762, Categories: Sex Offender, assault, plea
J. Wilson finds defendant did not timely file his notice of appeal. Defendant pleaded guilty to two counts of aggravated assault, three counts of domestic assault, three counts of vandalism, one count of false imprisonment, and one count of violating an order of protection. The trial court sentenced him to 11 months and 29 days for his misdemeanor counts, and six years in the Tennessee Department of Corrections for the aggravated assault convictions to run consecutively. Defendant claims he received ineffective assistance of trial counsel, as he did not understand the consequences of his guilty plea. On appeal, the post-conviction court found no deficiency in his representation. The instant court finds defendant filed his notice of appeal after the filing deadline and will not be considered. Dismissed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: September 6, 2023, Case #: W2022-01597-CCA-R3-PC, Categories: Ineffective Assistance, assault, plea
J. Clark finds that the lower court properly convicted defendant on his guilty plea to assault for driving head-on into an oncoming vehicle. Although the plea deal included a sentence that was the maximum for the crime, defendant's claim that it was harsh merits no reduction in the interest of justice, despite his expression of remorse and claim of mental health crisis, because he purposefully caused a collision that seriously injured the other driver and could have hurt others. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 27, 2023, Case #: 113512, Categories: Sentencing, assault, plea
J. Mortensen finds that defendant failed to show that his waiver of a preliminary hearing was not his own decision, rather than the result of a coercive condition placed on him by the trial court in order to enter a plea bargain. His ineffective assistance claim that counsel should have objected to the trial court's comments about waiving a preliminary hearing failed since he rejected the state's best plea offer, voluntarily waived the preliminary hearing and sought to go to trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: July 20, 2023, Case #: 20220276-CA, Categories: assault, plea
Per curiam, the appellate division finds that appellate counsel may withdraw from representing defendant in his guilty plea to criminal mischief, contempt, and attempted assault, which stemmed from a confrontation with police during a domestic incident, because nonfrivolous issues do not exist to be raised on appeal. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 112903, Categories: assault, plea, Contempt
J. Mayle finds defendant's no-contest plea to an assault charge was made knowingly and voluntarily because the trial court properly explained he was not admitting guilt but would stipulate to the evidence presented by the prosecution. Although defendant argues he was prejudiced because the state did not include the fact he was sprayed with mace by the corrections officer before he body-slammed him, this circumstance was not required to be included in the prosecution's version of events. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 20, 2023, Case #: 2023-Ohio-2008, Categories: Sentencing, assault, plea
[Consolidated.] J. Riedmann finds the trial court properly convicted defendant for assault by strangulation, domestic assault and child abuse. The father testified that he told defendant to stop arguing in front of their children which caused her to grab the back of his shirt, resulting in strangulation. Defendant then hit him in the face while holding their crying minor child. Another case arose from an officer’s investigation into defendant’s threatening of suicide and the suicide of the children, which resulted in her biting an officer during has attempt to detain her. All evidence supports conviction. There was no abuse of discretion in the court’s overruling defendant’s motion to withdraw her plea. The record is sufficient to address her claim of ineffective assistance and refutes the allegations. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 13, 2023, Case #: A-22-884, Categories: assault, plea, Child Victims