6 results for 'cat:"Robbery" AND cat:"Sentencing" AND cat:"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. 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. 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
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
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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