7 results for 'cat:"Sentencing" AND cat:"Assault" AND cat:"Weapons"'.
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officers found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence, as required by statute. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: sentencing, assault, weapons
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: sentencing, assault, weapons
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Though defendant pleaded true to a sentencing enhancement for a previous conviction for aggravated sexual assault of a child, he claims his 60-year prison sentence amounts to cruel and unusual punishment. The sentence is within guidelines and not constitutionally disproportionate for a habitual offender. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 29, 2024, Case #: 12-22-00002-CR, Categories: sentencing, assault, weapons
J. Danner finds the sentencing court improperly sentenced defendant on no-contest plea convictions for assault with a deadly weapon and hit-and-run driving resulting in serious injury. Surveillance video and multiple witnesses reveal defendant ran over the victim after an altercation in a parking lot. Though courts are split, and the question is currently pending before the California Supreme Court, defendant is entitled to retroactive relief under a new bill making the middle term the presumptive sentence because the judgment was not final when the legislation took effect. Reversed.
Court: California Courts Of Appeal, Judge: Danner , Filed On: December 13, 2023, Case #: H049363, Categories: sentencing, assault, weapons
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Per curiam, the Fifth Circuit finds the district court properly dismissed the inmate’s civil action challenging the constitutionality of the Texas Penal Code used to determine his sentence. This challenge of his sentence of 50 years in prison by guilty plea for aggravated assault with a deadly weapon was dismissed as frivolous and for failure to state a claim. The inmate has improperly interpreted the code as to the different descriptions of assault as being with or without a weapon. His motion for judicial notice reiterating his inadequately briefed arguments is denied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 23-40113, Categories: sentencing, assault, weapons