125 results for 'cat:"Sentencing" AND cat:"Assault"'.
J. Gustafson finds that the trial court erred in sentencing defendant to life for aggravated assault based on a a persistent felony offender designation. Defendant's record supported the designation but he was only declared a persistent violent offender when he was sentenced, and was not on notice of a potential enhanced penalty when he stabbed a fellow inmate with a broken pen. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 30, 2024, Case #: DA 22-0364, Categories: sentencing, assault
J. Aarons finds that the lower court properly sentenced defendant in absentia and outside his plea deal after he cut off his ankle bracelet and absconded because defendant had been expressly advised by the court that both could occur if he failed to show up for sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113291, Categories: sentencing, assault, Plea
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J. Hurwitz finds that the district court properly entered convictions and sentence for various offenses arising out of an assault on defendant's girlfriend. Sufficient evidence supported the convictions, sentences and sentence enhancements. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: April 19, 2024, Case #: 21-10230, Categories: sentencing, assault
J. Childs upholds defendant's non-guidelines 52-month sentence for his guilty plea to assault on a federal officer with a dangerous weapon during the January 6 riot at the capitol. The record supports the trial court's enhancements for planning and use of a dangerous weapon. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: April 12, 2024, Case #: 22-3084 , Categories: sentencing, assault
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to attempted assault for striking a neighbor in the head with a hammer. While the time between the crime and indictment had been protracted, due process was not violated because the neighbor hesitated in pressing charges until he was interviewed in connection with the suspicious death of defendant's wife, with whom the neighbor had a brief extramarital affair. An enhanced sentence was properly imposed since defendant failed to adhere to conditions requiring honest answers to presentence report questions. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CR-22-2067, Categories: sentencing, assault, Due Process
J. Wright finds the trial court properly convicted defendant for aggravated assault against a public servant. A motorist who defendant threatened to shoot reported the incident. Patrol vehicle video shows defendant shot at the officer when he arrived. Evidence did not raise a fact issue that would have allowed the jury to conclude defendant was guilty of the lesser-included offense of reckless conduct. The court properly denied defendant's request for a charge on the lesser-included offense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: April 3, 2024, Case #: 09-23-00045-CR, Categories: Firearms, sentencing, assault
J. Neeley finds the trial court properly convicted defendant for assault on a public servant. A habitual offender sentencing enhancement resulted in a potential life sentence. Defendant moved for a competency evaluation, which resulted in the determination he was competent to stand trial. Defendant attempted to challenge the evaluation in various ways during trial. Though there is some evidence of mental illness, there is none from which it may be inferred the illness renders defendant incapable of consulting rationally with counsel. No evidence supports a finding defendant is incompetent to stand trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00094-CR, Categories: Competence, sentencing, assault
J. Hoyle finds the trial court properly sentenced defendant on her guilty plea conviction for assault on a public servant. Defendant was sentenced to four years in prison after multiple violations of her terms of community supervision. She pleaded "true" to the violations, conditioned upon her appearance. She missed the first sentencing hearing, as well as the reset hearing, and the court sentenced her to 10 years in prison. Her charge is significantly more serious than offenses committed by the defendant in a cited case involving cruel and unusual punishment. Defendant's sentence is also less severe than the sentence imposed in the cited case. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00251-CR, Categories: Constitution, sentencing, assault
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to assault and criminal contempt. Defendant contends his sentence was harsh, but the term could have been more severe given that he violated an order of protection for his ex-girlfriend and violently assaulted a good samaritan who tried to help her flee. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 112566, Categories: sentencing, assault
J. Terrell finds that defendant was properly convicted and sentenced for assault. Although the trial court may have errored in allowing the victim to testify that defendant had strangled her on 10 prior occasions, the error was harmless because the jury acquitted defendant of both strangulation-specific offenses. Also, seven text messages were properly admitted as evidence because they were relevant. However,
the presentence report inaccurately describes defendant’s criminal conduct and must be fixed. Affirmed in part.
Court: Alaska Court Of Appeals, Judge: Terrell, Filed On: March 1, 2024, Case #: A-13627, Categories: sentencing, assault, Witnesses
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. Chehardy finds that defendant was properly convicted of possession of a firearm after previously being convicted of domestic abuse battery and aggravated assault with a firearm. In this case, defendant's 18-year sentence on the possession of firearm conviction was proper because it falls within the statutory guidelines, and defendant pulled a loaded firearm out of her backpack, pointed it at a store employee and hit the employee before fleeing. The evidence could have supported the more serious offense of armed robbery. Also, defendant's criminal history shows that she had multiple arrests. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-KA-371, Categories: sentencing, assault
J. Reiber finds the trial court properly imposed a condition of release to be supervised by a responsible adult for a man with curfew conditions on charges of reckless endangerment and simple assault. He failed to raise a constitutional argument during his hearings the trial court did not have a fair opportunity to rule on specificity and clarity. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 22, 2024, Case #: 24-AP-050, Categories: Constitution, sentencing, assault
J. Niemeyer finds the lower court properly applied sentence enhancements to the defendant. The court enhanced the defendant's sentence for possession of a firearm by a felon after determining that two of his prior convictions, including one for North Carolina assault inflicting physical injury by strangulation, count as crimes of violence. The defendant argued that following a Supreme Court ruling that said the use, attempted use, or threatened use of physical force is required to count as a crime of violence discounts the court's determination. North Carolina's crime of assault inflicting physical injury by strangulation remains a crime of violence, regardless of the ruling. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: February 14, 2024, Case #: 22-4588, Categories: Firearms, sentencing, assault
J. Greer finds that defendant was properly sentenced to incarceration for burglary and other charges based on his guilty plea to breaking into an apartment and assaulting its occupants because defendant had been unsuccessful during probation or parole at least six times for past crimes. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 23-0551, Categories: Burglary, sentencing, assault
J. Welch finds the trial court properly convicted defendant for assault on a peace officer based on sufficient evidence. When officers responded to a report by defendant's mother that defendant, who has a history of mental illness, was in an altercation with this brother, an altercation ensured between he and the officers. Defendant was not acting in self-defense, and the court properly found he was a habitual criminal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 6, 2024, Case #: A-23-087, Categories: Evidence, sentencing, assault
J. Bishop finds the trial court properly convicted defendant by no-contest plea for assault and false imprisonment, requiring him to register as a sex offender. Defendant, a taxi driver, picked the drunken victim up from a bar and took her to his house. The victim woke up the next day with pains indicating sexual assault, and later medical examination confirmed that such an assault had occurred. The plea agreement replaced the charge of sexual assault with assault, while requiring defendant to register as a sex offender. Evidence, including the victim's blood found on defendant's sheets, supports the conviction and registration requirement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 30, 2024, Case #: A-23-373, Categories: sentencing, Sex Offender, assault
J. Wilkinson finds the lower court properly applied a sentence enhancement to defendant's assault conviction for causing severe bodily harm. The defendant's sister accused their roommate of sexually assaulting her, leading to the defendant firing a shot near the roommate's foot that sent small shrapnel into the roommate's forehead. The defendant claims the injury suffered was ordinary, but the culmination of the roommate's need to go to an emergency room where he received strong painkillers along with his testimony on the pain, give enough to believe it was serious. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 12, 2024, Case #: 22-4442, Categories: Firearms, sentencing, assault
J. Diaz finds the lower court properly convicted the defendant for the use of excessive force. The defendant, a former police officer, assaulted a drunk arrestee in the police station restroom before slamming the arrestee's head into a door frame while dragging him into another room. The defendant challenged his conviction on the ground that requiring witnesses to testify while wearing facemasks violated his constitutional right to face-to-face meetings with witnesses appearing before the trier of fact. The use of facemasks during the Covid-19 pandemic constitutes an important public policy as required to circumvent the face-to-face requirement. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: January 11, 2024, Case #: 22-4178, Categories: Fair Trial, sentencing, assault
J. Ahlers finds that defendant was properly sentenced to jail for assault after attacking a referee at his son's basketball game. Defendant repeatedly cursed and interrupted the judge during sentencing and could not cite proper factors in challenging his sentence of incarceration. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 10, 2024, Case #: 23-0546, Categories: sentencing, assault
J. Ledet grants the state’s motion to overturn the trial court’s order providing a 12-person jury for defendant on an assault charge, rather than the six-person jury prescribed by law. Further, the court denied the state’s writ for review of the trial court’s order withdrawing a firearm enhancement for defendant on the same charges. Granted in part.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: January 3, 2024, Case #: 2023-K-0770, Categories: Jury, sentencing, assault
J. Hellman finds the post-conviction court properly concluded that defendant’s trial counsel did not provide inadequate and ineffective assistance of counsel after counsel failed to argue for merger of petitioner’s convictions. “Recklessly endangering another person and attempted first-degree assault each require proof of an element that the other does not, they do not merge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A176150, Categories: Ineffective Assistance, sentencing, assault