7 results for 'cat:"Weapons" AND cat:"Plea"'.
J. Tabor finds that defendant was properly denied relief from his conviction for criminal mischief while using a dangerous weapon and other charges brought after he fled police pursuing him on an active warrant. A factual basis existed for his plea since defendant used his truck to ram police cars following the chase. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0431, Categories: Ineffective Assistance, weapons, plea
J. Hiramoto finds that the trial court properly denied defendant's ineffective assistance claim that counsel should have requested a mental health diversion prior to his no contest plea to carrying a concealed dirk or dagger. He failed to provide a probable cause statement as required for claims about pretrial mental health diversions. Affirmed.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: March 1, 2024, Case #: A165379, Categories: Ineffective Assistance, weapons, plea
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant following his guilty plea to attempted promoting prison contraband. Defendant's claim that his plea was involuntary was not preserved for review, and his admission during the plea colloquy that he possessed a weapon, even if it was to defend himself against another inmate, did not trigger an exception to the preservation requirement. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 8, 2024, Case #: 112674, Categories: weapons, plea
[Consolidated.] J. Pritzker finds that the lower court properly denied defendant's request to vacate his conviction for possessing a weapon based on ineffective assistance because defendant failed to demonstrate counsel had declined to pursue a tack by forgoing suppression efforts to secure a favorable preindictment plea resolving other counts. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 16, 2023, Case #: 110489, Categories: Ineffective Assistance, weapons, plea
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J. Lynch finds that the lower court properly convicted defendant based on his guilty plea to weapon possession, reckless endangerment and resisting arrest. Defendant contends the sentence was harsh, but the aggregate term and post-release supervision fell within the negotiated range and defendant avoided a potential 15-year sentence on the top counts. Furthermore, the seriousness of his actions in firing a gun in the direction of a street crowd had potentially lethal consequences. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 5, 2023, Case #: 110933, Categories: Sentencing, weapons, plea
J. Johnson finds the trial court properly convicted defendant by guilty plea for aggravated assault with a deadly weapon. Defendant's neighbor and girlfriend testified that he hit his girlfriend with an infant car seat during an argument. The girlfriend testified that she was hospitalized for injuries that included a fractured wrist, an injury to her leg, and bruises to her face. All evidence supports the conviction. Defendant knowingly and intelligently entered his guilty plea, and he was not denied right to counsel. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 20, 2023, Case #: 09-22-00225-CR, Categories: Assault, weapons, plea