48 results for 'cat:"Drug Offender" AND cat:"Probation"'.
J. Danilson finds that probation imposed upon defendant's guilty plea to intimidation with a dangerous weapon was properly revoked after she tested positive for methamphetamine and failed to complete drug testing necessary to maintain deferred judgment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 24, 2024, Case #: 22-1674, Categories: drug Offender, probation
J. Gratton finds that the trial court properly refused to suppress drugs and a firearm in defendant's home during a probation search prompted by a confidential tip. A probation agreement authorized law enforcement officers other than his own probation officer to conduct searches, and he did not preserve his challenge to the validity of the agreement or his claim that his probation officer must first request that he submit to a search. Also, the trial court's error in sustaining an objection to part of defendant's closing argument was harmless. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: April 23, 2024, Case #: 50051, Categories: drug Offender, probation, Search
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
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Per curiam, the court of appeals dismisses defendant's appeal. Convicted by a no-contest plea for meth possession, defendant's community supervision was revoked and then dismissed on appeal for deprivation of right to counsel. The trial court then denied defendant's motion to reinstate. The court of appeals does not have jurisdiction when the trial court's order does not adjudicate guilt or acquittal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 10, 2024, Case #: 09-24-00086-CR, Categories: drug Offender, probation, Jurisdiction
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
J. Devaney finds that the circuit court erred in sentencing defendant after he pleaded guilty to possession of a controlled substance. While the lower court considered many factors and found them to be aggravating when it imposed a 5-year prison sentence, it also specifically found that defendant does not pose a significant risk to the public. Under that framework, the circuit court should have entered a sentence of probation. Vacated.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: February 28, 2024, Case #: 2024SD13, Categories: drug Offender, probation, Sentencing
J. Gruender finds a lower court properly sentenced a defendant to 15 months in prison for obtaining marijuana following a previous conviction for selling crack cocaine. The defendant argued that he was entitled to obtain marijuana with his marijuana card. However, the defendant engaged in private distribution of the drug by sharing it with his girlfriend. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: February 26, 2024, Case #: 23-2421, Categories: drug Offender, probation, Sentencing
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: drug Offender, probation, Sentencing
J. Thyer finds the county court properly revoked defendant's suspended imposition of sentence. After defendant's guilty plea conviction for manufacturing meth, he served seven years of a 15-year sentence before being paroled. During his parole term, he was rearrested for possession of multiple types of drugs. The court allowed testimony from the agent who conducted the controlled drug purchase for the limited purpose of establishing the reasoning behind his plan. Because the court expressly determined the testimony was not offered for its truth, its ruling did not offend the confrontation clause. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CR-23-214, Categories: drug Offender, probation, Due Process
J. Shepherd finds a lower court improperly sentenced a defendant to 188 months in prison and five years probation for conspiring to distribute meth. The government argued that the defendant was not entitled to early termination of his supervised release. However, a probation office sufficiently showed in court that the defendant had completed three years and nine months of probation, and was deemed as a low risk re- offender. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 8, 2024, Case #: 23-2176, Categories: drug Offender, probation
J. Benton finds a lower court properly sentenced a defendant to 270 months in prison and five years probation for possession with intent to sell 50 grams or more of meth. The defendant argued that the lower court erred in allowing a supplemental instruction for jury questions. However, the government sufficiently showed in court that the instruction did not prejudiced the defendant, who claimed it was "phrased negatively." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 7, 2024, Case #: 23-2149, Categories: drug Offender, probation, Jury Instructions
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. Johnson finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for the manufacture and delivery of PCP. Defendant admitted to the usage of PCP during the term of supervision and also failed to take part in community service or obtain employment. All the violations support the revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00226-CR, Categories: drug Offender, probation
J. Gladwin finds the circuit court properly revoked defendant's probation for her guilty plea conviction for theft of property. Defendant failed to report for intake and failed to make any payments on her fine or fees and costs. She also failed multiple drug tests. All evidence supports the court's finding that defendant inexcusably violated multiple conditions of her probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CR-23-180, Categories: drug Offender, probation, Theft
J. Chafin finds the lower court improperly sentenced the substance abuser to 60 days in prison. The substance abuser overdosed on drugs after recently being released from prison following a 2-year stint for drug use. Virginia's legislature made a law that limits the amount of time someone can be sentenced after breaking the terms of their probation related to drug use to only 14 days. Reversed.
Court: Virginia Supreme Court, Judge: Chafin, Filed On: December 14, 2023, Case #: 230127, Categories: drug Offender, probation, Sentencing
J. Hoyle finds the trial court properly revoked defendant's community supervision for his conviction on possession of a controlled substance. The court originally approved a plea agreement and sentenced defendant to two years in state jail, probated for four years, also assessing costs and attorney fees, and no abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: December 14, 2023, Case #: 12-23-00068-CR, Categories: drug Offender, probation
J. May finds a lower court ruled correctly in convicting defendant of meth possession and resisting law enforcement and revoking his probation as a result of these new convictions. There was adequate evidence for both convictions, including because defendant “sprinted away” from an encounter with authorities, and revoking defendant’s probation was reasonable given his “failures to lead a law-abiding life.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: November 20, 2023, Case #: 22A-CR-3060, Categories: drug Offender, Evidence, probation
J. Freudenberg finds the district court improperly convicted defendant for possession of a controlled substance. The court found the search of defendant’s bedroom which yielded the controlled substance, after his arrest for DUI, was lawful according to terms of his already-ended probation on unspecified felonies and misdemeanors. The court pronounced that the probation terms were extended after the original term before conducting a hearing on an information to revoke probation. This is not permitted by the Nebraska Probation Administration Act. Reversed, vacated and remanded.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: November 3, 2023, Case #: S-23-056, Categories: drug Offender, probation, Search
J. Virden finds the trial court properly revoked defendant’s suspended imposition of sentence for his convictions on charges of commercial burglary, theft of property and firearm possession. The state presented evidence that defendant was honked at by a customer in the Walmart parking lot as he backed out of a parking space. That customer testified that defendant “floored it,” causing his car to spin and hit several other cars, also striking and killing another customer who had been loading groceries into her car. Defendant later tested positive for meth and marijuana. All evidence supports the revocation and the sentence is within statutory limits. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 1, 2023, Case #: CR-23-67, Categories: drug Offender, probation, Negligent Homicide
Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for drug possession charges. The revocation was based on her pleading true to charges of possession, resisting arrest and tampering with evidence. Testimony by her supervision officer and a police officer support the convictions, and defendant's counsel has filed a brief stating that there are no arguable issues. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00101-CR, Categories: drug Offender, Evidence, probation
J. Horton finds the trial court improperly revoked defendant’s probation, sentencing him to five years in prison on his no-contest plea conviction for meth possession. When the court conducted the probation revocation hearing if found that docket sheet reflected that it released defendant’s attorney at a “Probation Revocation Announcement.” No other attorney was appointed in the hearing, and nothing in the appellate record shows that the trial court warned defendant about the danger of representing himself. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-22-00338-CR, Categories: drug Offender, probation, Self Representation
J. Shea finds that the trial court properly denied a motion to suppress methamphetamine found in defendant's home during a probation home visit. Defendant allowed her probation officer and other officers to enter her home, where they saw a meth pipe in plain view, which gave them the requisite cause to conduct a more thorough search. Affirmed.
Court: Montana Supreme Court, Judge: Shea, Filed On: October 17, 2023, Case #: DA 21-0248, Categories: drug Offender, probation, Search