42 results for 'cat:"Sentencing" AND cat:"Theft"'.
J. Salter finds that the circuit court properly entered conviction after defendant pleaded guilty to a Class 5 felony version of grand theft. However, the panel vacates and remands for resentencing to apply a proper provision under South Dakota Codified Law. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: May 15, 2024, Case #: 2024SD27, Categories: sentencing, theft
J. Garrett finds the Governor erred by revoking the previous Governor’s commutation of one of defendant's sentences. “Because plaintiff had finished serving all of her sentences when the Governor revoked the conditional commutation, the Governor lacked authority, under the terms of the commutation.” Reversed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 8, 2024, Case #: S071034, Categories: sentencing, theft
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J. Sullivan finds the lower court properly convicted defendant of six counts of retail theft for allegedly stealing housewares and other items from a Macy’s store on several occasions, and was sentenced to three to 14 years imprisonment. The lower court also ordered defendant to pay restitution in the amount of $4,568, but did not specify the method in which it was to be repaid. Because of the lack of specificity regarding the restitution, it is vacated and remanded to the lower court for reimposition and clarification. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: February 20, 2024, Case #: J-S27043-22 , Categories: sentencing, theft, Restitution
Per curiam, the appeals court finds the lower court improperly convicted defendant for grand theft of a firearm, but properly convicted him for several counts of burglary and grand theft. Defendant argues his double jeopardy rights were violated in light of a separate conviction for motor vehicle grand theft; the court agrees with defendant as to the double jeopardy claim, so his grand theft of a firearm conviction shall be vacated. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 16, 2024, Case #: 6D23-653, Categories: sentencing, theft, Double Jeopardy
J. Murray finds that the lower court properly sentenced defendant for receiving a stolen firearm while living in an apartment with her paroled, live-in boyfriend who was not allowed to have firearms at his residence. Because it is reasonably related to her rehabilitation, the record supports a no-contact condition barring her from associating with her boyfriend, since she has been linked to stealing other items to support his crack cocaine habit. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: February 7, 2024, Case #: J-S46025-23, Categories: Firearms, sentencing, theft
J. Baldwin finds the trial court properly imposed the maximum sentence following defendant's guilty plea on various charges because not only did the court make all required factual findings, but the sentence was within the statutory range and supported by defendant's lengthy criminal history, which began when he was eight years old. However, the trial court failed to make certain factual findings before it imposed violent offender specifications, and so the case will be remanded to allow for the proper analysis. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: January 31, 2024, Case #: 2024-Ohio-327, Categories: Burglary, sentencing, theft
J. Chou finds that the trial court properly denied defendant's motion to dismiss a prior strike when sentencing him for the theft of a catalytic converter. His prior strike for attempted robbery, a serious felony, was very recent, he repeatedly violated probation and another recent offense involved a vulnerable victim. Also, the statutory term "enhancement" is not ambiguous and does not apply to prior strikes. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: December 21, 2023, Case #: A166288, Categories: sentencing, theft
J. Elrod finds the district court improperly sentenced defendant for his guilty plea conviction for conspiracy to commit wire fraud. A prior incident involving meth possession was improperly cited as criminal history rather than relevant conduct in the written judgment and must be amended to conform with the oral pronouncement made at trial. Affirmed.
Court: 5th Circuit, Judge: Elrod , Filed On: December 20, 2023, Case #: 22-11039, Categories: Fraud, sentencing, theft
J. Greer finds that defendant was properly sentenced for first-degree theft, drug tax stamp violations, and conspiracy to commit a forcible felony because the lower court properly admitted victim impact statements in which jail staff described how their well being had been affected by knowing about defendant's plan to violently attack them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: December 20, 2023, Case #: 22-1867, Categories: Drug Offender, sentencing, theft
J. McDermott finds that defendant was properly denied deferred judgment after he pleaded guilty to theft and willful injury causing bodily injury following a knife attack because the violent nature of the crime justified "shock" probation. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: December 15, 2023, Case #: 22-1062, Categories: sentencing, theft
[Consolidated] J. Higginson finds the district court properly convicted and sentenced defendant for aggravated identity theft. Defendant, a police dog trainer, used the identities of trainers in his application for Texas Veterans Commission certification who had not served as trainers for him or given their permission. The evidence in this case supports the trial court’s findings that defendant used identification belonging to the trainers during and in relation to wire fraud in every instance. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: December 1, 2023, Case #: 21-50380, Categories: Fraud, sentencing, Identity theft
J. Thapar finds the trial court properly applied a sentencing enhancement for defendant's possession of stolen firearms. All of the guns he purchased with a fake ID and fake credit cards qualify as stolen under the sentencing guidelines. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 22, 2023, Case #: 23-1212, Categories: Fraud, sentencing, Identity theft
J. Robinson finds that defendant was properly sentenced to ten years imprisonment on his conviction of theft of property more than $5,000, but less than $25,000, and third-felony offender adjudication. In this case, the sentence falls within the six to 20 year sentencing range for the habitual offender adjudication. Further, defendant had prior convictions for the theft of property and showed no remorse for his crimes. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: November 15, 2023, Case #: 55,304-KA, Categories: sentencing, theft
J. Hoyle finds the trial court properly convicted defendant by guilty plea for theft and declined to give him credit for the full amount of presentence jail time. Defendant's jail-time credit for the theft conviction was properly calculated without including jail time served for a separate offense, as knowledge of his incarceration on a separate offense does not “change the basis for his confinement, nor ... alter his status.” Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: November 8, 2023, Case #: 12-23-00127-CR, Categories: sentencing, theft
J. Kennedy finds a previous opinion of this court incorrectly applied Ohio law to defendant's consecutive sentences for theft and burglary. Statutory language requires appeals courts to defer to the findings of trial courts on appeal, not conduct a de novo review, and so the original sentences imposed by the trial court and upheld by the appeals court will be reinstated. There was no clear and convincing evidence the trial court violated defendant's Eighth Amendment rights when it imposed consecutive sentences that totaled 65 years, and because it followed all sentencing requirements and guidelines, the appeals court properly upheld the sentences. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 25, 2023, Case #: 2023-Ohio-3851, Categories: Burglary, sentencing, theft
J. Bowes finds that the lower court improperly sentenced defendant pet sitter for to one to 18 months’ imprisonment for stealing a client’s approximately $10,000 haul of silver coins and currency to satisfy her gambling habit. The value of the property taken was never determined, so the sentence for theft by unlawful taking must be graded at its lowest level, a misdemeanor of the third degree, and sentenced as such. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: October 24, 2023, Case #: J-S27017-23, Categories: Criminal Procedure, sentencing, theft
J. Gobeil finds that the trial court properly re-sentenced defendant to 30 years in prison for his burglary and theft by taking convictions. Defendant's theft by taking convictions were merged and he was not punished multiple times for the same crime when he was sentenced to 10 years for the merged conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 19, 2023, Case #: A23A0875, Categories: Burglary, sentencing, theft
J. Miller finds defendant's speedy trial rights were not violated by the delay between his arrest and trial on theft charges. Defense counsel requested a continuance during the Covid-19 pandemic and he was released from prison prior to his trial, which extended the speedy trial clock by more than 90 days. Meanwhile, defendant's maximum sentences were not contrary to law because the trial court made all required findings and the sentences were within the statutory range for his convictions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 11, 2023, Case #: 2023-Ohio-3212, Categories: sentencing, theft, Speedy Trial
J. Abele finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to grand theft and vandalism. It made all required findings, including the necessity of such sentences to protect the public from future harm based on defendant's criminal history. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: August 28, 2023, Case #: 2023-Ohio-3108, Categories: sentencing, theft, Plea
[Consolidated.] J. Batchelder finds the trial court properly used the entire amount of money stolen by all of the defendants to establish a base sentencing guideline for each of them. All three coordinated their activities, used the same methods to steal identities and money from several banks, and shared the stolen information amongst themselves, which made each defendant's actions relevant conduct for sentencing purposes. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: August 23, 2023, Case #: 22-1506, Categories: Fraud, sentencing, Identity theft
[Consolidated.] J. Nalbandian finds the trial court properly allowed defendant Johnson to be cross-examined about discrepancies in his testimony about certain illegal tax deductions. He opened the door to the questions when he told his attorney on direct examination the donation from which the deduction stemmed came out of his political campaign funds. Meanwhile, the trial court properly applied sentencing enhancements based on the amount of losses defendant Johnson caused through his tax and government employment schemes because evidence in the record proved he had knowledge of payments being made to his son. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 18, 2023, Case #: 21-3979, Categories: Evidence, sentencing, theft
[Consolidated.] J. Horton finds the trial court properly revoked defendant’s deferred adjudication of guilt and community supervision on his guilty plea convictions for burglary of a habitation and theft. Before revocation, the court declined to revoke, and modified the order requiring defendant to serve 90 days in jail in order to complete a treatment program. During this period, he violated further terms of his supervision and was sentenced to 20 years in prison. The court of appeals agrees with counsel’s conclusion that no arguable grounds exist to support the appeals. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-23-00023-CR, Categories: Burglary, sentencing, theft
J. Ortiz finds the lower court properly found defendant guilty of larceny shoplifting. Defendant pleaded guilty to the charges after taking merchandise from a home improvement store without paying for it, returning the merchandise for store credit and spending a portion of the credit. Defendant was sentenced to five years, with three years and six months suspended. Defendant argues the court lacked subject matter jurisdiction and erroneously sentenced him under the felony enhancement Code § 18.2-104, but that it was repealed before he was indicted. Because the criminal offense occurred prior to the repeal of the code, the lower court had jurisdiction and properly convicted and sentenced defendant. Affirmed.
Court: Virginia Court Of Appeals, Judge: Ortiz, Filed On: August 8, 2023, Case #: 0672-22-2, Categories: sentencing, theft, Jurisdiction