23 results for 'cat:"Criminal Procedure" AND cat:"Probation"'.
J. Kellum finds that the lower court properly convicted defendant on multiple counts of voyeurism but improperly sentenced him. The lower court did not err by admitting evidence of certain Internet searches that were extracted from defendant's phone. The court notes that the probationary terms of the split sentences are unlawful, however, and the matter is remanded for another sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0008, Categories: criminal Procedure, probation, Sentencing
J. Waples finds that the trial court improperly granted the state’s motion to modify a condition of probation when imposing that the defendant must complete the Cognitive Self Change (CSC) program. The defendant argues that after his sentencing they changed the CSC program and his probation officer moved to modify the condition for the Risk Reduction Program, but he did not agree to the modification. The plain language of the condition was misinterpreted by the Department of Corrections to require the defendant to participate in CSC or an equivalent program. Therefore, the defendant could move to strike or modify the condition himself before it goes in effect. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 26, 2024, Case #: 23-AP-140, Categories: criminal Procedure, Murder, probation
Per curiam, the circuit finds that defendant's request to reinstate his appeal should be again remanded as brought from the lower court's refusal to modify a condition of probation that prohibits him from having direct contact with minors, including his own children, without approval. Action had not been taken on remand within 30 days, and the issue should be heard by a different judge this time around.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-6145, Categories: criminal Procedure, probation
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J. Maxa finds that the lower court improperly issued an order that found defendant had violated the terms of his community custody. The violation stemmed from an incident where he reportedly threatened to stab his roommate, leading to a felony conviction for death threats and harassment that was later vacated due to insufficient evidence. The lower court found this incident still violated his community custody, but the relevant statute states that a violation cannot be based on hearsay evidence alone and this finding was too largely based on hearsay evidence. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: April 2, 2024, Case #: 57552-3-II, Categories: criminal Procedure, probation
Per curiam, the court of criminal appeals finds that the lower court properly revoked defendant's probation as to the offense of second-degree assault, "for violating the terms of probation." Defendant does not challenge the sentence imposed on the second-degree assault conviction, though he correctly points out that the split sentence on his first-degree assault conviction was illegal. Accordingly, the revocation order based on that offense is void. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: CR-2023-0112, Categories: criminal Procedure, probation, Assault
J. Aarons finds that the lower court properly revoked defendant's probation and resentenced him to prison based on his guilty plea to selling drugs. Defendant failed to preserve his contention that he did not voluntarily admit to violating probation, and he made no statements triggering the narrow exception to the preservation requirement. Affirmed.c
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 1, 2024, Case #: 110739, Categories: criminal Procedure, Drug Offender, probation
J. Sorenson finds that the trial court properly refused to bifurcate defendant's trial on a weapon charge from the determination of whether he was a restricted person since both issues were inextricably related. A mistrial was unnecessary after counsel impeached a witness's testimony. Counsel was not deficient for deciding not to object to an officer's claim that folding knives and a hatchet found in defendant's car were dangerous weapons. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 29, 2023, Case #: 20210884-CA, Categories: criminal Procedure, probation, Weapons
J. Lobree finds the trial court properly revoked defendant's probation and sentenced him to 10 years in prison more than three years after he pleaded guilty to leaving the scene of an accident and driving without a license. In part because the evidence shows defendant violated his probation by testing positive for cocaine, changing his residence without notification and failing to report to his probation officer for two years, during which time he was investigated in connection with an attempted murder, the trial court made no error revoking his probation and sentencing him as a habitual offender. The case is remanded, however, for the trial court to conform a written order with oral pronouncements made at defendant's 2020 sentencing. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: September 6, 2023, Case #: 19-0551, Categories: criminal Procedure, probation, Sentencing
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
J. Stratton finds that the trial court properly held that it lacked jurisdiction to hear defendant's motion to withdraw a no contest plea after finishing probation on an assault conviction. Though full jurisdiction was transferred to the county where his probation was supervised, the trial court in the county where he was tried, convicted and sentenced maintained jurisdiction over non-probation matters, including the motion to withdraw the plea. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: July 3, 2023, Case #: B315243, Categories: criminal Procedure, probation, Jurisdiction
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
J. Mercier finds that the trial court improperly granted the state's petition to revoke defendant's probation for allegedly committing a RICO violation and failing to pay fines. Defendant's probation had expired at the time the petition was filed and the tolling order submitted by the state and signed by the trial court five years after defendant was sentenced to probation was never filed with the clerk of court. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0323, Categories: criminal Procedure, probation