8 results for 'cat:"Probation" AND cat:"DUI"'.
J. Streeter finds that the trial court properly considered aggravating factors when sentencing defendant for criminal threats. Though not admitted by defendant or found true by a jury, his prior convictions were in the certified record, so the heightened proof standard for aggravating factors did not apply. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: November 29, 2023, Case #: A165613, Categories: probation, Threats, dui
J. Boomgaarden finds that the lower court properly denied a motion from defendant, filing pro se, to correct what he alleges is an illegal sentence stemming from DUI convictions. Defendant claims he was not credited for time served spent on probation, but there is nothing in the law that would entitle him to that. The lower court did, in fact, credit him with his history of treatment during probation by reducing his sentence by one year. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: October 18, 2023, Case #: S-23-0123, Categories: probation, Sentencing, dui
J. McMullen finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to statutory rape and received a four-year sentence suspended to supervised probation. Defendant violated the terms of his probation when he was arrested for driving under the influence of alcohol. As a result of the violation, the lower court revoked his probation and ordered him to serve the remainder of his four-year sentence in confinement. The instant court finds no abuse of discretion by the lower court in its order. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: October 9, 2023, Case #: W2022-01433-CCA-R3-CD, Categories: probation, Sex Offender, dui
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J. Chehardy finds that the trial court correctly revoked defendant's probation. Defendant properly pled guilty to third-offense DUI, and the sentence was properly imposed to the terms of his plea agreement. In this case, defendant did not comply with the requirements of drug court as part of his plea agreement, and his probation was revoked. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 30, 2023, Case #: 23-KA-30, Categories: probation, dui, Plea
J. Mercier finds that the trial court improperly revoked the nearly six-year balance remaining on defendant's 10-year probation sentence after she failed to tell her probation officer that she had moved and was arrested for DUI. Defendant was serving probation following her guilty plea to charges including hit and run and DUI. Although the trial court correctly found that a probation violation had occurred, it was only authorized to revoke two years of defendant's probation because the violation involved a general condition of probation rather than a special condition. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: July 27, 2023, Case #: A23A1083, Categories: probation, dui