180 results for 'cat:"Burglary"'.
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
J. Brennan finds that the lower court properly denied defendant sentencing credit for his completion of behavior modification and substance abuse programs. Sentencing credit for these programs and for a county jail work assignment is not available for inmates in county jail, only for prisoners in the Department of Corrections. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: May 9, 2024, Case #: 220501, Categories: burglary, Sentencing
J. Garry finds that the lower court properly convicted defendant of burglary, criminal trespass, rape, and obstruction of breathing or circulation for repeatedly entering the apartment of his former paramour, forcing her to have sex, and applying pressure to her throat. Defendant contends evidence of forcible compulsion was insufficient to support the rape count, but the victim testified about verbal abuse and physical violence leading up to the assault; that she feared defendant; and that she had not consented to sex. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 9, 2024, Case #: 112842, Categories: burglary, Sex Offender
J. Hudson finds the trial court properly convicted defendant for capital murder, aggravated residential burglary, robbery and theft. Defendant was arrested after DNA evidence showed he was involved in an apartment break-in and murder. The court properly denied defendant's motion to exclude officer testimony involving fresh blood drops she saw that dried before being taken as evidence. Defendant thoroughly impeached the witness, and the jury was free to determine the weight held by the officer's testimony. The testimony was properly admitted, as the officer's opinion was based on her experience as a crime-scene specialist. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: May 9, 2024, Case #: CR-23-710, Categories: burglary, Evidence, Murder
J. Neeley finds the trial court properly convicted defendant for burglary of a habitation. After being dispatched on a criminal trespass call, officers found defendant's girlfriend at her apartment bleeding from around her ear. She explained that defendant, who had stayed with her at times but whose name was never on the lease, had struck her and left. The apartment manager had also previously requested a criminal trespass warning against defendant after he had stolen items. Although the evidence suggests defendant's name may have been attached to the utility account, this would not grant him equal or greater ownership rights to the apartment. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00237-CR, Categories: burglary, Assault, Trespass
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. Marcel finds that defendant was properly convicted of eight counts of simple burglary of an inhabited dwelling, theft, and aggravated flight from an officer. In this case, there was testimony from an accomplice that he committed the burglaries with defendant. Further, items from two of the burgled homes were found in defendant's home. Also, there was surveillance footage that connected a truck stolen by defendant to several of the burglaries. Multiple witnesses testified that defendant drove at excessive speeds while disregarding stop signs as he fled from an officer with his lights activated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: May 8, 2024, Case #: 22-KA-373, Categories: burglary, Evidence, Theft
J. Hood finds the trial court erroneously denied defendant's motion to merge her criminal trespass and burglary convictions for sentencing purposes. The trespass conviction involves a subset of the elements of second-degree burglary and, therefore, is a lesser-included offense. Meanwhile, although the court's error was not obvious, double jeopardy violations like the one at issue here require a reversal of a defendant's lesser conviction and resentencing to allow for a merger of the crimes. Reversed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: May 6, 2024, Case #: 2024CO25, Categories: burglary, Double Jeopardy, Trespass
J. Anderson reverses the defendant's convictions for first-degree arson, second-degree burglary and theft of a motor vehicle. The district court abused its discretion in denying the defendant the right to assert a mental-illness defense, since several reports on his mental state indicate that the disturbances leading to his conduct pre-existed his drug use. Reversed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 1, 2024, Case #: A22-1206, Categories: burglary, Competence, Arson
J. Peterson finds that the trial court properly convicted defendant of murder, armed robbery, burglary and possession of a firearm during the commission of a crime. The trial court correctly denied defendant's motions for mistrial. The state's failure to timely disclose the inconclusive results of a test comparing another suspect's hair to hair recovered from a stocking cap did not significantly impact defendant's defense. Defendant failed to show that he was prejudiced by the state's failure to tell him that his first custodial interview was recorded. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: April 30, 2024, Case #: S24A0399, Categories: burglary, Murder, Robbery
J. Veljacic finds that the lower court properly convicted defendant of burglary. Defendant claims that the prosecutor committed misconduct by misstating the burden of proof during closing arguments. While the prosecutor's statements were improper, defendant waived the right to appeal that claim because she did not object to it during trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 30, 2024, Case #: 57910-3-II, Categories: burglary, Prosecutorial Misconduct
J. Warren finds that the trial court properly convicted defendant of murder, armed robbery and burglary. Sufficient evidence was presented to show that defendant was a party to the crimes. The trial court correctly instructed the jury and did not commit any error in admitting into evidence a short recording of a jail phone call between defendant and his mother. None of the statements made by defendant during the call implied that defendant wanted to negotiate a plea deal with the state. Although the jury was not aware that one witness had an incentive to testify against defendant, the testimony was mostly cumulative of other evidence and defendant failed to show that the witness's alleged deal with the state would have impacted the verdict. The trial court incorrectly convicted defendant of possession of a firearm during the commission of aggravated assault. That count should have merged into defendant's conviction for firearm-possession based on murder. Affirmed in part.
Court: Georgia Supreme Court, Judge: Warren, Filed On: April 30, 2024, Case #: S24A0011, Categories: burglary, Murder, Robbery
J. Womack finds the trial court properly convicted defendant for aggravated residential burglary, theft of property and capital murder. Defendant murdered the owner of the house he was living in after the owner kicked him out for beating his estranged girlfriend. DNA evidence supports the conviction. The probative value of evidence of defendant's assault on his girlfriend, as related to his intent and motive, was not outweighed by the danger of unfair prejudice. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: April 25, 2024, Case #: CR-23-400, Categories: burglary, Murder, Assault
J. Danilson finds that defendant was properly convicted of robbery and burglary because evidence indicates he stole drugs and money from a man during a drug deal that resulted in another man dying from a gunshot wound. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 24, 2024, Case #: 22-1666, Categories: burglary, Robbery
J. Pagan finds the trial court erred by giving a jury instruction on defense of premises regarding the alleged victim’s actions when defendant was claiming self-defense against someone who used force against him. “The parties disputed the facts that would have made defendant’s self-defense claim viable, and a jury instruction that highlighted the alleged victim’s state of mind” detracted from the jury’s consideration of defendant’s state of mind. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 24, 2024, Case #: A177313, Categories: burglary, Assault, Jury Instructions
J. McMullen finds the lower court properly dismissed defendant’s pro se petition for writ of error coram nobis. Defendant was convicted of aggravated burglary, aggravated robbery and employing a firearm during the commission of a dangerous felony for his role in detaining a victim and taking items from the victim’s apartment. Defendant received an effective sentence of life without parole. Defendant filed his petition five years after the finalization of his convictions and sentence, far beyond the one-year statute of limitations, and it was dismissed accordingly. Defendant argues the statute of limitations should be tolled as he claims discovery of new evidence, but the instant court finds the newly discovered evidence, an affidavit, is from someone known at the time of trial that the defense never called as a witness, and would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: April 22, 2024, Case #: M2023-00858-CCA-R3-ECN , Categories: burglary, Evidence, Robbery
J. Hutchison affirms the lower court's order denying defendant's motion to correct its order for a six-month suspended sentence on a misdemeanor charge of joyriding in lieu of 10-days of actual jail time followed by one-year unsupervised probation to reflect time-served for good behavior. The judge did not abuse his discretion by instructing defendant to file a separate civil suit against the West Virginia Division of Corrections and Rehabilitation within three months, then denying her motion when she failed to provide notice of a suit.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 17, 2024, Case #: 22-685, Categories: burglary, Sentencing, Vehicle
J. Seely finds the trial court improperly denied post sentencing motions for a defendant charged with burglary when he challenged his sentence on the grounds of double jeopardy. The state argues the trial court no longer had jurisdiction to consider a post-sentencing request. The trial court does not have jurisdiction because the case had begun, and the defendant failed to file his post-sentencing motion within the time period allowed to rule on the motions. This case is remanded for further proceedings to dismiss the motions. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46463, Categories: burglary, Sentencing, Jurisdiction
[Consolidated.] J. Bassel upholds defendant's multiple convictions for aggravated robbery and related crimes and resulting 45-year sentence. The trial court properly refused to suppress evidence found on his cell phone, as police officers are allowed to obtain non-electronic identifying information from an abandoned phone to obtain a search warrant for the phone's digital information. Affirmed.
Court: Texas Courts of Appeals, Judge: Bassel, Filed On: April 11, 2024, Case #: 02-22-00291-CR, Categories: burglary, Search, Impersonation
J. Marcotte finds that defendant was properly convicted of attempted second-degree murder, aggravated burglary, and attempted armed robbery. There was evidence from the victims who knew defendant from previously hiring him that identified him as the attacker. Further, defendant confessed that thought he killed someone that night, and that the attempted murder victim's DNA was found on defendant's belongings, including a weapon. The victim suffered multiple stab wounds, both eyes were destroyed and both ears were punctured, resulting in the victim being blinded, sustaining brain damage, and being unable to find work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,514-KA, Categories: burglary, Evidence, Murder
J. Rose finds that the trial court improperly granted the state's motion to involuntarily medicate defendant, who was charged with burglary and arson after setting ablaze a six-story apartment building under construction. Defendant had not exhausted all other forms of treatment, and it was not clearly demonstrated that another antipsychotic medication would interfere with defendant's ability to assist counsel. Reversed.
Court: New Jersey Appellate Division, Judge: Rose, Filed On: April 8, 2024, Case #: A-0467-23, Categories: burglary, Competence, Arson
J. Baltodano finds that the trial court improperly denied defendant's objection to the peremptory challenge that removed an apparently Hispanic juror from his burglary trial. The state claimed the juror lacked life experience, but cited specific reasons in support of the claim that are presumptively invalid. Demeanor-based reasons are now presumptively invalid, the state failed to show the prospective juror had limited community ties, and the record does not indicate she did not understand the questions she was asked. Reversed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 5, 2024, Case #: B325200, Categories: burglary, Jury
J. Stiglich grants defendant's petition for mandamus. Defendant pleaded guilty to attempted burglary and was sentenced to probation, but now seeks mandamus to compel the court to set aside the conviction after he completed substance abuse treatment. Relevant statute removes judicial discretion in cases where a defendant fulfills probation conditions for a drug court program.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 28, 2024, Case #: 86982, Categories: burglary, Drug Offender, Probation