48 results for 'cat:"Drug Offender" AND cat:"Plea"'.
J. Grogan finds the circuit court properly denied defendant's motion to withdraw his knowing and voluntary guilty plea to charges of possession with intent to deliver five or more grams of cocaine. Despite defendant's argument that no factual basis for his plea exists because the state essentially combined smaller amounts of crack cocaine he was alleged to have sold on separate occasions into one larger amount to satisfy the requirements of the charge he pleaded guilty to, the plain language of the relevant statute "precisely" allows for that under certain circumstances. There is also no support for defendant's claim that he is at least entitled to an evidentiary hearing. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Grogan, Filed On: May 1, 2024, Case #: 2022AP002196, Categories: drug Offender, plea
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for distribution of meth and fentanyl. A confidential informant purchased drugs from defendant on three occasions and all evidence supports the convictions. Defendant was sentenced, cumulatively, to up to 14 years in prison. Though she says the sentences are excessive, all factors were properly considered and the appeal waiver provision bars defendant from appealing her sentence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-910, Categories: drug Offender, Sentencing, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession in two indictments. Defendant contends the concurrent parts of his sentence were harsh, but he secured a "highly advantageous" plea agreement despite having an extensive criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112056, Categories: drug Offender, Sentencing, plea
J. Palafox finds a lower court did not err in revoking defendant’s community supervision for failing to submit to drug tests after he pleaded guilty to heroin possession with a repeat-offender enhancement. Defendant argued he had not been given specific and adequate notice about the terms of his probation, but according to precedent from the Court of Criminal Appeals, a defendant waives their right to complain about probation terms if they don’t raise those complaints at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 10, 2024, Case #: 08-23-00237-CR, Categories: drug Offender, Probation, plea
J. Neville finds that the appeals court properly held that defendant's negotiated plea agreement for possession of cannabis waived his claim to presentence custody credit. The agreement only provided credit for the 54 days he had spent in custody, not for time he spent on home detention prior to the plea, and this deal deserves the presumption that both parties came to a negotiated agreement over defendant's amount of sentence credit. Affirmed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: March 21, 2024, Case #: 129402, Categories: drug Offender, Sentencing, plea
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Per curiam, the circuit finds that the district court properly convicted defendant based on his guilty plea to conspiracy to distribute and possess with intent to distribute crack cocaine. Defendant claimed the plea was involuntary because he expected a below-guidelines sentence, but that belief had been subjective since the plea colloquy clearly confirmed that no particular sentence had been promised. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 5, 2024, Case #: 22-1539-cr, Categories: drug Offender, Sentencing, plea
J. Stevens finds that defendant was properly convicted of meth possession and given a 25-year sentence. Defendant argues that the trial court should have warned him of the "deportation consequences of his conviction," but the record shows that he was aware of the "negative immigration consequences" resulting from his guilty plea. Though, the $180 in restitution was improperly assessed and is deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: February 7, 2024, Case #: 06-22-00135-CR, Categories: drug Offender, Restitution, plea
J. Stark finds defendant is not entitled to withdraw her no-contest plea leading to a judgment of conviction for conspiracy to deliver more than 50 grams of methamphetamine and a sentence of 12 years' confinement and 15 years' supervision. Even though the circuit court's plea colloquy was defective because it never corrected false information defendant received from her counsel saying she faced a potential maximum sentence of 46 years instead of the 40 years she actually faced under the terms of her plea agreement, defendant's plea was knowing, intelligent and voluntary because she understood the potential punishment she faced despite being told she may receive a sentence not substantially higher than was actually possible. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: February 6, 2024, Case #: 2022AP000199-CR, Categories: drug Offender, plea
J. Lee finds that a decision on motions pending in defendant's appeal from his guilty plea to conspiring to distribute cocaine internationally must be deferred because counsel sought to be relieved from the case and the prosecution requested dismissal based on a negotiated appeal waiver. Counsel failed to address whether forfeiture, special assessments, and supervised release components of defendant's sentence were included in the waiver.
Court: 2nd Circuit, Judge: Lee, Filed On: January 30, 2024, Case #: 22-320-cr, Categories: Criminal Procedure, drug Offender, plea
J. Garry finds that the lower court properly convicted defendant on his guilty plea to drug possession. Defendant's appeal waiver, initially invalid but revisited before sentencing to make it valid in light of new precedent, precluded his challenge to a denied suppression motion. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: January 18, 2024, Case #: 112339, Categories: drug Offender, plea
J. Agee finds the lower court properly denied the defendant's motion for compassionate release. The defendant has a lengthy criminal record and most recently pleaded guilty to the distribution of more than 500 grams of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. The defendant argued that the death of his wife from COVID-19 left his minor son without a primary caregiver and created an additional extraordinary and compelling reason justifying an early release. The defendant is not a candidate for release due to the violent nature of his offense, his criminal history, the proximity of prior crimes to the ones for which he is incarcerated, his disciplinary infractions while incarcerated, and his potential danger to the community if released. The defendant did not address whether anyone else was available to care for his son, nor did he show that his release would result in a more stable environment for his child. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: January 5, 2024, Case #: 22-6607, Categories: drug Offender, Firearms, plea
J. Abele finds the trial court properly denied defendant's motion to withdraw her guilty plea on a drug possession charge. She was represented by competent counsel, was given a full hearing prior to entering her plea and did not have a legitimate reason to alter the plea, other than a change of heart. However, the trial court erroneously failed to fully advise defendant of the sentencing requirements, including a presumption of release after the initial prison term; therefore, the case must be remanded to allow for proper sentencing instructions. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-58, Categories: drug Offender, Sentencing, plea
J. Lynch finds that the lower court properly convicted defendant based on his guilty plea to possessing and selling drugs because defendant failed to preserve his claim challenging the voluntariness of the plea, and he had not made statements triggering the preservation exception during the plea colloquy. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 22, 2023, Case #: 112729, Categories: drug Offender, plea
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to attempted drug sale. Defendant contends he was not apprised of the potential consequences of his plea, but he was specifically informed the plea could lead to deportation both in the written plea deal and in a "lengthy discussion." Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 16, 2023, Case #: 112041, Categories: drug Offender, Immigration, plea
J. Lanier sets aside defendant's conviction for possession of buprenorphine, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: November 9, 2023, Case #: 2023KA0164, Categories: drug Offender, plea
J. Greene sets aside defendant's conviction for possession of methadone, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 9, 2023, Case #: 2023KA0163, Categories: drug Offender, plea
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to drug possession. Defendant contends the plea was involuntary, but he had not made statements casting doubt on his guilt and corrective action was not required in the interest of justice. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: October 12, 2023, Case #: 112516, Categories: drug Offender, plea
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to selling drugs. Defendant challenged the voluntariness of his plea based on his alleged history of substance abuse, but nothing in the record suggested he failed to understand the nature of his plea at the time. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: October 5, 2023, Case #: 110961, Categories: drug Offender, plea
J. Gruber finds the circuit court properly revoked defendant's probation for possession of drug paraphernalia, possession of meth or cocaine with purpose to deliver, and operation of a vehicle without insurance. Defendant entered a negotiated guilty plea to felony possession of drug paraphernalia and possession of meth. Counsel has filed a no-merit brief and a motion to withdraw, asserting that there is no issue of arguable merit to raise on appeal. The court clerk sent defendant a copy of counsel’s brief and motion to inform him of his right to file pro se points for reversal, which he did not. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 13, 2023, Case #: CR-22-675, Categories: drug Offender, Probation, plea
J. Johnson finds that the trial court properly revoked defendant's community supervision for his guilty plea conviction on charges of felony delivery of meth. Defendant pleaded “true” to testing positive for drugs in violation of the conditions of his community supervision. Because a plea of “true” to any violation will support revocation, this was within the trial court’s discretion. A clerical error referencing the wrong subsection of Health & Safety Code is corrected and a surplusage on the judgment referencing a fine that was not orally pronounced at sentencing is eliminated. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 13, 2023, Case #: 09-22-00289-CR, Categories: drug Offender, Probation, plea