16 results for 'cat:"Robbery" AND cat:"Plea"'.
J. Molaison finds that defendant was properly convicted of armed robbery and the misdemeanor battery of a police officer. The record shows that defendant was properly advised of the ramifications of his guilty pleas, and there are no non-frivolous issues regarding defendant's convictions. Further, on his Boykin form and during sentencing, defendant acknowledged that his sentence for armed robbery “is without benefit of parole, probation, or suspension of sentence.” Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: April 24, 2024, Case #: 23-KA-401, Categories: robbery, Battery, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for forcibly taking a wallet from a woman outside a store, as defendant's claim that his sentence was harsh was precluded by his valid appeal waiver. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113230, Categories: robbery, Sentencing, plea
J. Hodges finds that the trial court properly denied defendant's request for a hearing on a previously withdrawn 12-year-old motion to withdraw his guilty plea to armed robbery and aggravated assault. Defendant's counsel withdrew the motion with defendant's approval and defendant told the trial court that he did not feel comfortable taking the motion forward. The trial court was not obligated to issue a ruling on the motion. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: April 9, 2024, Case #: A24A0083, Categories: robbery, plea
J. Shanker upholds the trial court's decision to increase defendant's 72-month sentence for robbery to 84 months after it had to correct and lower his 36-month sentence for attempted robbery to 24 months. The sentence was properly altered in order to maintain the agreed upon 108-month sentence, per the parties' plea agreement. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: March 14, 2024, Case #: 23-CO-0219 , Categories: robbery, Sentencing, plea
J. Emas finds the trial court properly denied defendant's motion to disqualify the trial court during proceedings in a case in which defendant was found to have convicted four new crimes, including drug possession and DUI, while on probation after serving a sentence for armed robbery and gun possession. The trial court did not err by inquiring about defendant being qualified as a "prison releasee reoffender" when determining whether to reject or approve defendant's negotiated plea, which defendant's counsel incorrectly argued deviated from the trial court's neutrality. Defendant's life sentence entered upon the revocation of his probation is upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 14, 2024, Case #: 22-1298, Categories: Probation, robbery, plea
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Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for stealing cell phones. Defendant failed to preserve his contention that the plea was neither knowing nor voluntary in a post-allocution motion, and no exception to the requirement was triggered. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 112352, Categories: Criminal Procedure, robbery, plea
J. Duncan finds the trial court, by guilty plea, properly convicted defendant for attempted interference with commerce by robbery. The plea agreement goes beyond defendant's mere, conclusory agreement he committed the offense. He also admitted he attempted to rob the store and to obstruct commerce by taking money. The circuit has previously found such factual admissions sufficient to satisfy the Hobbs Act’s commerce element. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: December 13, 2023, Case #: 22-10803, Categories: Evidence, robbery, plea
J. Kemp finds the circuit court properly denied defendant's petition for declaratory judgment and a writ of mandamus. Defendant pleaded guilty to all charges, including his habitual-offender status. Because no right to declaratory judgment exists, there is no basis for the writ. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: December 7, 2023, Case #: CV-23-300, Categories: robbery, Theft, plea
J. Readler finds the lower court erroneously denied the prison officials' request for immunity on an inmate's Eighth Amendment claims. While the inmate served a longer sentence than the one listed in his plea agreement based on improper time served calculations, the prison officials are immune, as they were merely enforced the sentencing order issued by the trial court. The inmate failed to appeal either of the trial court's decisions that imposed the incorrect sentence and the officials' administration of the judgment of conviction and compliance with typical Kentucky sentencing procedures was not deliberate indifference. Reversed.
Court: 6th Circuit, Judge: Readler, Filed On: October 30, 2023, Case #: 22-5121, Categories: robbery, Sentencing, plea
[Consolidated.] J. Sullivan finds that appeals seeking habeas relief from convictions for robbery conspiracy and firearm use resulting in a death should be dismissed. Defendants contend collateral attack waivers were improperly enforced in their plea agreements, but intervening precedent disqualifying Hobbs Act robbery as a crime of violence did not affect the waivers they negotiated.
Court: 2nd Circuit, Judge: Sullivan, Filed On: October 16, 2023, Case #: 16-4107 (L), Categories: Habeas, robbery, plea
J. Ramirez finds that the trial court improperly denied defendant's petition for resentencing on a guilty plea to robbery. The trial court erred when it held that a stipulated sentence made defendant ineligible for relief under a statute that allows veterans to petition for resentencing. Amendments to the statute allow relief for defendants serving stipulated sentences. Reversed.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: September 1, 2023, Case #: E080838, Categories: robbery, Sentencing, plea
J. Miller finds that the trial court improperly sentenced defendant following his guilty plea to armed robbery, aggravated assault with a deadly weapon and a firearm offense. Defendant's sentence for armed robbery is void because the trial court departed from the mandatory minimum without the state's consent. There was no agreement between defendant and the state for defendant to receive a sentence less than the mandatory minimum for the armed robbery conviction. Vacated.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: August 4, 2023, Case #: A23A0853, Categories: robbery, Sentencing, plea
J. Miller finds that the trial court properly denied defendant's motion to withdraw his guilty plea to criminal attempt to commit armed robbery, aggravated battery, influencing a witness and violations of the Street Gang Terrorism and Prevention Act. The trial court correctly found that defendant's plea was voluntarily entered even though defendant was crying and emotional during the proceedings. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: July 20, 2023, Case #: A23A0980, Categories: robbery, plea, Gangs
J. Welch finds the Court of Appeals improperly affirmed the trial court’s denial of defendant’s motion to withdraw her guilty plea to robbery charges arising from an attempted robbery, with an accomplice who brandished a toy gun, of a Popeye’s restaurant. The prosecution agreed to dismiss information charging defendant as a third-offense habitual offender in exchange for her plea. Defendant was only eligible to be charged as a second-offense habitual offender at the time of the plea offer, with the charging information double counting a prior conviction. Neither the prosecutor nor the trial court corrected this or informed defendant, rendering her plea involuntary and unknowing. The Court of Appeals’ opinion is reversed in part, vacated in part and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 18, 2023, Case #: 163700, Categories: robbery, plea, Due Process
J. McConnell finds that defendant was not entitled to a jury trial on the aggravating factors used to sentence him to the middle term after he pleaded guilty to robbery and admitted to a firearm enhancement. The trial court was within its discretion to impose the middle term since the balance of aggravating and mitigating factors made the lower term contrary to the interest of justice. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: July 5, 2023, Case #: D080175, Categories: robbery, Sentencing, plea
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to robbery. Defendant contradicted the charged crime by stating during plea allocution that no one possessed a pistol during the incident in question, but subsequent questioning rendered his plea voluntary by establishing all of the factual elements of robbery. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 29, 2023, Case #: 112178, Categories: robbery, plea