87 results for 'cat:"Robbery" AND cat:"Sentencing"'.
J. Stevens affirms the trial court’s sentencing of defendant to 30 years in prison after a jury convicted him of armed robbery of a store. The trial court had no duty to inquire about whether there was a conflict of interest between the defendant and his defense attorney, who had recently been elected county district attorney. At trial, defendant’s counsel told the jury: “I’m the DA-elect. I’m the one that is going to be sitting in this chair come 2023.” On appeal, the defendant fails to specify any conflict of interest with his counsel even though he was not yet the county’s prosecutor. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: May 3, 2024, Case #: 06-23-171-CR, Categories: Criminal Procedure, robbery, sentencing
J. McCool finds that the lower court properly denied the defendant’s motion to withdraw his guilty plea on a charge of robbery. He contends that the lower court was not authorized to sentence him outside the “range in the plea agreement due to his failure to appear at sentencing.” However, the decision was not an abuse of discretion. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0301, Categories: robbery, sentencing
J. Feuer finds that, after dismissing prior prison term sentence enhancements, the trial court properly gave defendant the same 12-year sentence he originally received for robbery and possession of a firearm by a felon. The trial court had discretion to reimpose a previously stricken firearm enhancement after finding he posed a continuing threat to public safety. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 1, 2024, Case #: B326131, Categories: robbery, sentencing
Per curiam, the circuit finds the district court properly convicted defendant for Hobbs Act robbery and knowingly discharging a firearm during a crime of violence. Security footage, as well as multiple witness accounts, support the conviction for defendant's armed robbery of the night club where he worked as a security guard. The trial court properly admitted evidence of a prior armed robbery and applied the career offender sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-20021, Categories: Firearms, robbery, sentencing
J. McKeague finds the trial court properly applied a career offender enhancement to defendant's sentence because his previous Ohio robbery conviction qualifies as a crime of violence. Under this court's previous ruling, Ohio robbery is not considered "generic" robbery under federal sentencing guidelines, but meets the criteria for generic extortion, which always involves the use of force; therefore, the enhancement was properly applied. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: April 26, 2024, Case #: 23-3466, Categories: Criminal Procedure, robbery, sentencing
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J. Gregory finds the lower court improperly denied the defendant's appeal for compassionate release without fully considering each of his arguments. The defendant, serving a 210-month prison sentence for conspiracy to possess with intent to distribute heroin, petitioned the court for compassionate release on the grounds that there has been a change in the law regarding his career offender status. Virginia robbery no longer constitutes a violent felony under the Armed Career Criminal Act, invalidating his career offender guidelines designation. Vacated.
Court: 4th Circuit, Judge: Gregory , Filed On: April 18, 2024, Case #: 21-7325, Categories: Drug Offender, robbery, sentencing
Per curiam, the appellate division finds that the lower court properly resentenced defendant for attempted robbery. Defendant contends the sentence was harsh, but his sentence should not be reduced in the interest of justice based on the fact that he admitted guilt and suffered mental health issues, as his criminal history was extensive and he had discharged a gun on a public street to prevent recovery of property he stole. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113492, Categories: robbery, sentencing
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. White finds the trial court improperly sentenced a man to a life sentence for first-degree sexual battery, burglary with assault or battery, false imprisonment and robbery possessing a deadly weapon. He was properly classified as habitual felony offender which the maximum sentence on the sexual battery and robbery should have been a maximum of 30 years each. Therefore, the trial court shall resentence him as a habitual felony offender, change both the sexual battery and robbery to second-degree offenses and the false imprisonment to a third-degree offense. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-394, Categories: robbery, sentencing, Sex Offender
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. Larsen finds the trial court properly denied defendant's motion to suppress evidence during his robbery trial. While the Tennessee traffic law regarding left-hand turns from a multi-lane intersection is subject to multiple interpretations, the police officer's belief a driver cannot cross lanes during a turn was reasonable and gave him probable cause to initiate the traffic stop of defendant. Furthermore, the trial court did not "double count" one of defendant's firearm convictions for sentencing purposes and its factfinding established a proper base sentencing level, while three firearms enhancements were properly applied because they involved the quantity and stolen nature of the weapons, not defendant's mere possession. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 12, 2024, Case #: 22-5746, Categories: robbery, Search, sentencing
J. Traxler finds the lower court properly sentenced the defendant. The defendant, convicted of selling fentanyl, argued his prior conviction of attempted robbery with a dangerous weapon isn't a violent felony for the purpose of sentence enhancements. The statute at issue, however, does not create an inchoate attempt offense and instead defines the crime of robbery with a firearm or other dangerous weapon and includes within that definition of robbery cases where the defendant attempted but did not succeed in taking personal property. Affirmed.
Court: 4th Circuit, Judge: Traxler, Filed On: March 6, 2024, Case #: 21-4434, Categories: Drug Offender, robbery, sentencing
[Consolidated.] J. Thompson finds that defendant was properly convicted of armed robbery for robbing a delivery truck driver. The evidence shows that defendant pointed a gun at the driver and gave commands while his accomplice removed liquor from the back of the truck. Further, defendant's 45-year sentence was proper based on his extensive criminal history. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,477-KA, Categories: robbery, sentencing
J. Cox finds that defendant was properly sentenced to 99 years at hard labor without the benefit of probation, parole, or suspension of sentence on his conviction for armed robbery. In this case, defendant attacked the victim, a former coworker, by beating her, stabbing her, and shooting her multiple times. During commission of the robbery, defendant used deadly force, dangerous weapons, and left his victim for dead. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,530-KA, Categories: robbery, sentencing
J. Welch finds the county court improperly denied the inmate's petition for a writ of habeas corpus. Convicted for robbery, the inmate says he has been confined beyond the term of the 10-year mandatory minimum for his 18-to-20-year sentence. Due to a miscalculation of the mandatory minimum release date, the inmate was released 5 years early then rearrested and convicted for four new offenses. He then received a sentence for the new offenses combined with the "dead time" accrued because of the early release. The court of appeals expresses no opinion on the inmate's allegations of over-detention, though it concludes that habeas corpus is the proper procedure for challenging his custody and that the court erroneously dismissed it on the face of the pleadings. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 20, 2024, Case #: A-22-871, Categories: Habeas, robbery, sentencing
J. Mathis finds defendant's previous conviction in Ohio for aggravated robbery did not constitute a crime of violence under federal sentencing guidelines. The conviction did not include an underlying theft offense that involves the use of force, while that state's definition of robbery is broader than the federal definition of extortion. Therefore, the lower court sentenced defendant on an incorrect guideline and his sentence will be vacated to allow for resentencing. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 20, 2024, Case #: 22-4052, Categories: Firearms, robbery, sentencing
[Combined.] J. Fisher finds that the lower court properly convicted defendant following his guilty plea to robbery and then revoked his earlier probation on conviction for attempted burglary. The concurrent terms he received as a result were not harsh, as one represented the statutory minimum for a second violent offender. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 8, 2024, Case #: 112435, Categories: Burglary, robbery, sentencing
J. Wilson finds the district court properly sentenced defendants on convictions for conspiracy, bank robbery and firearm use. The relevant part of the First Step Act, which subjects defendants to only the 5-year minimum sentence for multiple convictions arising out of the same conduct, does not apply to post-enactment resentencings on pre-enactment sentences that were vacated after enactment. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 2, 2024, Case #: 22-10265, Categories: robbery, sentencing
J. Perret finds that defendant was improperly sentenced for armed robbery and attempted first degree murder and given "illegally lenient sentences" for those convictions. The evidence does not show that defendant "is so exceptional as to justify a departure from the minimum mandated sentences" under the habitual offender statute. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: January 31, 2024, Case #: KA-23-460, Categories: Murder, robbery, sentencing
J. Miller finds that the trial court abused its discretion when it dismissed defendant's prior strike conviction during sentencing for a home invasion robbery. Nothing extraordinary about defendant's circumstances or background show he is outside the spirit of the three strikes law and remoteness alone is not enough to dismiss a prior strike. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 31, 2024, Case #: A168286, Categories: robbery, sentencing
J. Miller holds that the trial court must revisit defendant's petition for resentencing on a felony murder conviction. The state failed to show that he would be convicted of felony murder in light of changes to the felony murder law. The evidence does not support a finding that he either intended to kill or acted with reckless indifference for human life when his accomplice stabbed and killed their robbery victim. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 30, 2024, Case #: A162356, Categories: Murder, robbery, sentencing
J. McDermott finds that defendant was properly sentenced to a mandatory minimum term of 25 years in prison with a 70 percent requirement to serve based on his conviction for first-degree robbery. The district court did not abuse its discretion by considering a presentence investigation risk assessment because defendant had notice of the assessment and failed to present evidence demonstrating the assessment was unsound. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: January 26, 2024, Case #: 21-0102, Categories: Criminal Procedure, robbery, sentencing
J. Murphy finds the lower court properly applied sentencing enhancements after defendant pleaded guilty to being a felon in possession of a firearm. His previous convictions for facilitation of aggravated robbery involved the use or threatened use of force and, therefore, qualified as violent felonies. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 23, 2024, Case #: 23-5082, Categories: Firearms, robbery, sentencing
J. Carroll finds the trial court properly denied a man’s motion to suppress out-of-court non-eyewitness identifications, entered a judgment of conviction for assault and robbery and sentenced for 10-to-15 years in prison. There were no suggestive identifications out of court non-eyewitness. The man fails to demonstrate an error of conviction judgment because he showed the employees a concealed weapon that appeared to be a gun. The sentence to serve is less than the maximum for a habitual offender. Therefore, the man was properly convicted and sentenced. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: January 19, 2024, Case #: 22-AP-275, Categories: robbery, sentencing, Weapons
J. Pena finds that it was error for the resentencing court to redesignate defendant's attempted murder of a police officer convictions as assaults with a firearm on a police officer, which are lesser included offenses of the attempted murder charges. Resentencing due to changes to the felony murder statute is limited to the robbery counts for which defendant was charged and convicted. Reversed.
Court: California Courts Of Appeal, Judge: Pena, Filed On: January 18, 2024, Case #: F085131, Categories: Murder, robbery, sentencing