57 results for 'cat:"Sentencing" AND cat:"DUI"'.
J. Walker reverses the lower court's original order sentencing defendant to 2 to10 years in prison after entering a Kennedy plea the previous February for the death of another motorist she caused in 2014 while driving under the influence. The judge committed plain error and violated Rule 11 of the Rules of Criminal Procedure when he participated in the plea negotiations and caused defendant to detrimentally rely upon his assurance she would be sentenced on home confinement in exchange for her plea. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 25, 2024, Case #: 22-672, Categories: sentencing, dui
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to vehicular assault for injuring a child as passenger while driving under the influence of drugs. Defendant contends his sentence was harsh, but the underlying offense was serious, and he was a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112913, Categories: sentencing, dui
J. Lawrence finds that the lower court properly sentenced defendant on two counts of manslaughter and other charges stemming from a multi-vehicle accident that allegedly "resulted in the death of two drivers." Defendant was sentenced to 30 years, "with all but twenty-five years suspended," and he now argues that the sentence was not "proportioned to the offense." However, the lower court correctly considered the facts of the case, including that defendant was allegedly driving a loaded tractor-trailer while "ill, fatigued, and under the influence of prescription drugs and alcohol." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 16, 2024, Case #: 2024ME26, Categories: sentencing, dui, Manslaughter
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J. Walker affirms the lower court's order granting defendant only 30 days for time served while he was on bond on a malicious wounding and wanton endangerment charge arrest. Though the judge erred by not considering the 233 days defendant spent incarcerated following revocation of his bond, the court finds the error harmless since when he was ultimately sentenced on the Raleigh County charges, the judge gave him credit for the time spent awaiting sentencing on the Fayette County charges. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 12, 2024, Case #: 22-759, Categories: sentencing, dui, Bribery
J. Murray finds that the lower court properly sentenced defendant for driving under the influence and careless driving. The evidence, a police-recorded video of defendant swerving over lines on the road and the fact that his pupils were dilated, sufficed to sentence defendant for a DUI. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 10, 2024, Case #: J-S37036-23, Categories: Evidence, sentencing, dui
J. Zahn holds that the trial court lacked jurisdiction to modify defendant's sentence for a felony DUI conviction. A stay pending an appeal that failed did not toll the clock on his modification motion, which came three years after sentencing. His original sentence of six years with one year fixed is reinstated. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: April 3, 2024, Case #: 50765-2023, Categories: sentencing, dui, Jurisdiction
J. Greer finds that defendant was improperly sentenced for OWI because the district court relied on unproven information, namely that defendant operated a vehicle with alcohol and cocaine in his system.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 27, 2024, Case #: 23-1099, Categories: sentencing, dui
J. McKinnon finds that the trial court properly instructed the jury that it could conclude defendant was in actual physical control of his vehicle while intoxicated for the purposes of a DUI count even if he was unconscious. It was also proper to allow the state to rebut a closing argument in which counsel argued the state was dishonest in deciding not to introduce a photo of defendant asleep across the bench seat of his truck. However, the imposition of a $5,000 fine violated the constitutional proportionality requirement since it did not take into account defendant's ability to pay. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 20, 2024, Case #: DA 21-0413, Categories: sentencing, dui, Jury Instructions
J. Colvin finds that the trial court properly sentenced defendant to serve 15 years following his guilty plea to vehicular homicide, DUI and other offenses. The trial court did not commit any error in considering defendant's status as an undocumented immigrant during sentencing. The trial court did not violate the due process and equal protection clauses when it refused to probate any portion of defendant's sentence and applied a statute allowing trial courts to refuse to probate a sentence if a defendant would be subject to deportation while serving a probated sentence. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 20, 2024, Case #: S23A1135, Categories: sentencing, dui, Vehicular Homicide
J. Gooch finds that the lower court improperly sentenced defendant as a chronic offender for a DUI charges. The state did not prove beyond a reasonable doubt that each of defendant's prior convictions was an intoxication-related traffic offence. Reversed.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: January 30, 2024, Case #: SC100041, Categories: sentencing, dui
J. Maxa finds that the lower court improperly sentenced defendant on a DUI conviction. The lower court imposed an exceptional sentence against defendant, finding that the standard range sentence would be too lenient given his offender score. But such a determination of leniency needs to be determined by a jury, not the trial court. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 17, 2024, Case #: 58050-1-II, Categories: sentencing, dui
J. Welch finds the trial court properly convicted defendant, by guilty plea, for first offense driving during revocation. Defendant was pulled over for speeding and his license plate was found to be fictitious. His driver's license was also found to have been revoked for 3rd offense DUI. Though defendant claimed he was not aware his ignition interlock permit was revoked, the trial court properly imposed a 2-year waiting period before he may have another interlock device installed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-474, Categories: sentencing, dui, Vehicle
J. Windhorst affirms defendant’s conviction for vehicular homicide while impaired and his resulting 25-year prison sentence. In pleading guilty, defendant was informed of his right against self-incrimination, his right to a trial by jury and his right and his right to confront his accusers, all of which he waived. Defendant was also advised of the sentencing range, so his plea is not inadequate and the sentence is within reason. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 27, 2023, Case #: 21-4026, Categories: sentencing, dui, Plea
J. Wicker finds the state did not meet its burden to establish defendant’s conviction on three separate DUI charges over a 10-year period, which would have made him eligible for sentencing enhancements. Defendant successfully argued his first two convictions occurred more than 10 years before his third conviction, and he was therefore ineligible for habitual offender enhancements. Writ denied.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-KA-224, Categories: sentencing, dui
J. Molaison upholds defendant’s conviction for a second DWI, but finds the trial court erred in accepting defendant’s downward departure because he was undergoing dialysis treatments. Defendant’s previous conviction on DWI should have been considered and a mandatory minimum six-month sentence should have been imposed. Affirmed. Sentence vacated.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 27, 2023, Case #: 23-KA-319, Categories: sentencing, dui
J. Jensen finds that the district court properly entered an amended judgment modifying defendant's sentence after he was charged with six criminal offenses, including two counts of driving under the influence while causing the death of another and four counts of reckless endangerment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: December 15, 2023, Case #: 2023ND231, Categories: sentencing, dui
J. Ceresia finds that the lower court properly convicted defendant based on his guilty plea to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Defendant contends he should not have been allowed to represent himself at sentencing, but his request was unequivocal and the court's inquiry was thorough. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 14, 2023, Case #: 112877, Categories: sentencing, dui, Self Representation
J. Funke finds the district court properly convicted defendant for DUI, third offense. Defendant's DUI conviction in South Dakota was sufficiently similar to other convictions in Nebraska, and there is no error in finding the South Dakota conviction valid for enhancement. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: December 8, 2023, Case #: S-23-168, Categories: sentencing, dui
J. Papik finds the trial court properly convicted defendant by a no-contest plea for DUI causing serious bodily injury and third-degree assault arising from a car collision. The state presented sufficient evidence to support the charges, and the 1-year sentence and $10,000 fine were properly assessed according to statutory guidelines. Affirmed.
Court: Nevada Supreme Court, Judge: Papik , Filed On: December 1, 2023, Case #: S-23-243, Categories: Evidence, sentencing, dui
J. Egan finds the trial court did not plainly err when it imposed a $255 “Intoxication Conviction Fee” without considering defendant's ability to pay. “The obligation of the court is only to consider the defendant’s financial resources and the defendant’s ability to pay when imposing a fine at sentencing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A178430, Categories: sentencing, dui
J. Carr finds that defendant was properly sentenced to prison for possession of a controlled substance and OWI, both second offenses, since the lower court endorsed the sentencing recommendation included in the plea agreement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: November 8, 2023, Case #: 22-1672, Categories: sentencing, dui, Plea