7 results for 'cat:"Theft" AND cat:"Vehicle"'.
J. Schlegel vacates defendant's conviction for illegal possession of a stolen thing valued at $25,000 or more. In this case, the state concedes that it did not prove the value of the stolen vehicle was $25,000 or more. However, the evidence supports a lesser and included responsive verdict of illegal possession of a stolen thing less than $1,000 because there was video evidence showing defendant driving the stolen vehicle over 80 miles per hour, which demonstrates that the vehicle had some value. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 28, 2024, Case #: 23-KA-273, Categories: Evidence, theft, vehicle
J. Arterburn finds the trial court properly convicted and sentenced defendant, by no-contest plea, for felony theft. The victim testified defendant drove away in her truck after she entered a convenience store, leaving the truck's engine running. Other testimony corroborates this, as well as officer's having found the truck later, abandoned. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 27, 2024, Case #: A-23-650, Categories: theft, Plea, vehicle
J. Neeley finds the trial court properly convicted defendant for evading arrest and theft of property after he crashed a stolen truck into a pond on private property. Although certain photos supporting an officer's testimony were suppressed, this did not nullify the entirety of her testimony about seeing defendant in the truck. Furthermore, another officer testified he responded to the crash and obtained surveillance video showing the crash and fleeing driver, and that he had known defendant for many years and identified him in court. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 31, 2024, Case #: 12-23-00099-CR, Categories: Evidence, theft, vehicle
J. Joyce finds trial court properly declined to merge defendant’s UUV and aggravated first-degree theft guilty verdicts. “Those offenses do not merge because each requires proof of an element that the other does not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: December 28, 2023, Case #: A177479, Categories: theft, vehicle
J. Deahl reverses two defendants' carjacking convictions after one held the victim at gunpoint while the other took his wallet, phone and car keys. The state failed to show the victim, who was standing 80 to 100 feet from his vehicle, which was parked around the corner of a building, was in immediate actual possession of the vehicle at the time of the crime. Reversed in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: August 24, 2023, Case #: 22-CF-0266, Categories: Evidence, theft, vehicle
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J. Hagedorn finds defendant is entitled to sentence credit for 433 days he spent in a county jail on charges related to stealing three trucks in the span of two hours and leading a police chase into a neighboring county, where he faced similar charges in a separate case that was ultimately consolidated with his other case while he was in jail. Under Wisconsin Supreme Court precedent, defendant is entitled to sentence credit for all of five charges that were dismissed and read in when he pleaded no contest to three other charges, including a charge from the neighboring county for which he was technically freed on a signature bond even though he remained jailed in the other county on a $10,000 cash bond that he did not pay. When defendant violated probation terms of his original withheld five-year sentence and was sentenced to 18 months of confinement, the circuit court properly awarded him 433 days' sentence credit for all three dismissed and read-in charges stemming from both counties, and the court of appeals incorrectly overturned the circuit court upon appeal. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 14, 2023, Case #: 2021AP000462-CR, Categories: Sentencing, theft, vehicle
J. Albrecht affirms the trial court’s conviction of the defendant sentenced to 25 years in prison for the violent carjacking of a woman with two kids at a Shell gas station, dismissing defendant’s challenge that there was insufficient evidence to support the aggravating that there was a 15-year-old passenger in the blue Nissan at the time of the offense. Any rational trier of fact could have found that the essential elements of the offense were proven beyond a reasonable doubt. While it is true that the evidence reflects no passengers were inside the vehicle by the time defendant sped off, this is not the determinative time frame for when the offense commenced.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: June 2, 2023, Case #: 22-0191, Categories: Jury, theft, vehicle