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The determinate sentence that the trial court incorrectly imposed for a pre SB2 offense is deemed an indeterminate sentence under R.C. 5145.01 and will be treated as such. Judgment reversed only for trial court to correct its sentencing entry by operation of law.
Determinate Sentence Post-Release Supervision -- Order of ProtectionPeople v. WilliamsNo. 79Judge Ciparick
In 1998, the New York State Legislature enacted Jenna's Law, which included a "determinate" sentence for violent felony offenses. A "determinate" sentence is a flat, or fixed, term of imprisonment for a felony -- for example, six years rather than an indeterminate sentence such as five to 15 years.
The District Attorney identified the defendant as Henri J. Fougere, 27, of 90-36 198th Street in Jamaica. The defendant pleaded guilty on January 4, 2007, to Possessing a Sexual Performance by a Child before Queens Criminal Court Judge Gene Lopez. The defendant was sentenced on that day by Queens Criminal Court Judge Dorothy ChinBrandt to a determinate sentence of six months in jail, ten years' probation and ordered him to register as a sex offender.
SENTENCING Is California's determinate sentencing statute invalid because it permits a judge to impose an enhanced sentence based on his own factual findings, where those facts have not been found by a jury or admitted by the defendant?
District Attorney Brown identified the defendant as Herdis Baptise, 50, of 139-1 1 226th Street in Laurelton, Queens. Baptise was convicted earlier this month of first- and seconddegree course of sexual conduct against a child after a two-week jury trial presided over by Acting Queens Supreme Court Justice Fernando Camacho, who imposed the determinate sentence.
... in contempt on five counts; was sentenced to a 5-day jail term on each count, to be served c...) would have purged respondent's determinate sentence, thus making the relief civil in nature. ...
Where the defendant was convicted of Criminal Sale of a Controlled Substance in the First Degree, Criminal Possession of a Controlled Substance in the Second Degree and Criminal Possession of Controlled Substance in the Third Degree, he was sentenced to an indeterminate term of incarceration. The defendant moved to be resentenced in accordance with the provisions of Penal Law Section 70.71. Reviewing the facts in People v. Keith Cintron, New York State Supreme Court, Monroe County Judge Joseph D. Valentino entered an order vacating the defendant's indeterminate sentence on the convictions and imposed a concurrent determinate sentence of 15 years plus five years post-release supervision.
... Five New York prisoners, sentenced under New York's persistent offender statute, p..., he would have been subject to a determinate sentence, with a minimum of 7 years and a maxim...
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