ROBBERY: Plain error review declined for claims of pretrial punishment by being held in solitary & restraints for 5 months prior to sentencing, allegedly sanctioned by Judge at transport hearing while Defendant was at MSH for fitness evaluation… “criminal purpose” of robbery not completed when shoplifted goods were abandoned outside store after being confronted, ripened into felony robbery when he injured or threatened to injure pursuers… Defendant required to testify to lay foundation for justifiable force… Deschamps affirmed. [Read more…]
Restitution, insurance fraud
RESTITUTION properly ordered for initial theft claim which insurer paid although only disputing supplemental replacement value claim which it refused to pay… Menahan affirmed. [Read more…]
Sentencing, deferred, prior felony rule
SENTENCING: Endangerment for having child in DUI car not eligible for deferred imposition under prior felony rule exception where threat of injury (as opposed to risk) is element but no injury [Read more…]
Sentencing, burglary, sex registration
SENTENCING: Sex offender registration properly imposed on burglary defendant who agreed to it in plea bargain subject to right to object… internet restriction limited to probationary period despite Judge’s statement that he would “never” have access… McLean affirmed. [Read more…]