7 results for 'cat:"Sentencing" AND cat:"Sex Offender" AND cat:"Kidnapping"'.
J. Welbaum finds the trial court properly denied defendant's motion to sever various criminal charges to allow for separate trials as to each of his victims. The evidence for each victim was simple and direct and would have been admissible as other acts evidence if separate trials had taken place. Meanwhile, the trial court properly denied defendant's motion to merge kidnapping for the purpose of sexual assault and rape convictions because his prolonged seizure of the victim was a separate and distinct animus from the rape of the victim, which allowed each conviction to carry its own sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 23, 2024, Case #: 2024-Ohio-684, Categories: sentencing, sex Offender, kidnapping
J. Northcutt finds the circuit court improperly denied defendant’s motion for postconviction relief from his convictions for sexual battery, kidnapping, impersonating an officer, fraudulent use of a credit card and grand theft. Though defendant says that a letter purportedly sent by a Tampa police officer reveals the existence of surveillance video that would prove his innocence, the lack of a signature on the letter raises the question of authenticity. Still, the postconviction court failed to rule on defendant’s timely filed amended motion or to attach any records that refute his claim. The court also failed to hold an evidentiary hearing to determine the authenticity of the letter. Reversed and remanded.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: September 29, 2023, Case #: 2D22-1355, Categories: sentencing, sex Offender, kidnapping
J. McKinnon holds that the trial court properly sentenced defendant to 50 years, with 15 suspended, for aggravated kidnapping, rape and partner assault. The constitution requires a trial court to present aggravating sentencing factors to a jury, but not mitigating factors. Also, defendant's level three sexual offender designation was supported by abundant evidence, and his trial counsel's performance was not insufficient. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: September 19, 2023, Case #: DA 21-0202, Categories: sentencing, sex Offender, kidnapping
J. Humes finds that the trial court properly convicted defendant of forcible rape. However, though moving the victim from one bathroom stall to another supported a simple kidnapping count, the movement did not substantially increase the risk of harm to support an aggravated kidnapping circumstance. Because the kidnapping was not aggravated, the sentence is reduced from 25-years-to-life to 15-years-to-life. Reversed in part.
Court: California Courts Of Appeal, Judge: Humes, Filed On: June 14, 2023, Case #: A163761, Categories: sentencing, sex Offender, kidnapping
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J. Yegan rejects defendant's claim that he is entitled to the postconviction relief of having his 230-year sentence vacated due to alleged errors in the application of the "Three Strikes" law. His disagreement with counsel does not support an ineffective assistance claim, and his motion is actually an untimely habeas petition filed more than 20 years after the entry of judgment.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: June 2, 2023, Case #: B323199, Categories: sentencing, sex Offender, kidnapping
J. Feuer finds the trial court properly convicted defendant for three counts of false imprisonment by violence, three counts of forcible oral copulation, three counts of forcible rape and one count of attempted forcible rape. Certain delays and procedures used due to the Covid-19 pandemic were harmless and did not interfere with defendant’s ability to defend. Recent amendments to the penal code apply retroactively, making the one-strike law inapplicable. Defendant’s custody credit must be corrected. Affirmed in part. Vacated in part and remanded for resentencing.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 22, 2023, Case #: B316245, Categories: sentencing, sex Offender, kidnapping