RESTITUTION: Sufficient evidence to support restitution for damage to car from kick by petite girl… Macek affirmed (IOR I-3(d)). [Read more…]
Child pornography, sex offender designation
CHILD PORNOGRAPHY/SENTENCING: Level III sex offender designation properly imposed… legal fees/expenses not pronounced orally improperly imposed in written judgment… 4 days time served promised but not credited… Simonton affirmed, reversed (IOR I-3(d)). [Read more…]
Restitution, aggregate damages, vandalism spree
RESTITUTION improperly imposed jointly with other vandals for aggregate damages in 11-day spree when youth admitted to only 2 days… Watters reversed. [Read more…]
DUI, attorney challenge, counsel costs, jail credit
DUI: No specific support for eve-of-trial complaints about lawyer, claim of inadequate inquiry into substitution rejected… challenge of $800 counsel costs not preserved for appeal… [Read more…]
Abscondence, revocation, probation credit
ABSCONDENCE/REVOCATION: Defendant not entitled to probation credit during time on run… no plain error review or remand for hearing into circumstances of 8-year abscondence… fines/fees in original sentence properly “reimposed” in revocation judgment [Read more…]
Mental commitment, conditional release extensions
MENTAL COMMITMENT: Petitions to extend conditional release not filed within 2 weeks before expiration of detention or extension, orders granting petitions vacated… Curtis reversed. [Read more…]
PFMA, “reasonable apprehension”
PFMA: Jury properly instructed on Defendant’s conduct in relation to “reasonable apprehension,” counsel not ineffective for not objecting… terms & conditions of parole or conditional release improperly imposed… McKeon affirmed, reversed. [Read more…]
Obscene phone communications
OBSCENE COMMUNICATIONS: Calling Victim Services person “fucking cunt” in context of exasperation not “fighting words,” Act not unconstitutionally vague, but prima facie [Read more…]
DUI, 4th, prior silent record
DUI: Claim of failure to advise of attorney in prior DUI based on silent record, self-serving statements properly rejected… 4th DUI affirmed… Langton affirmed. [Read more…]
Sentencing, restitution, indigence
SENTENCING: Restitution properly ordered for ring which Defendant did not admit to taking and was not convicted of taking… claim that DOC commitment based on indigence rejected… Langton affirmed (IOR I-3(d)). [Read more…]