legal news


Register | Forgot Password

P. v. Schwenk CA1/1
Defendant Eric Darrell Schwenk pleaded guilty to one count of lewd acts on a child, with an enhancement for a previous conviction of the same offense. This plea was entered after more than a decade of litigation, which included a jury trial, an appeal, and a successful federal petition for habeas corpus. After and in accordance with the plea, the trial court sentenced Schwenk to 13 years in state prison, and it then released him for time served. As part of its sentence, the court reimposed a previously levied and paid $6,000 restitution fine, giving Schwenk credit for the earlier payment. On appeal, Schwenk argues that the court erred in reimposing the fine because no substantial evidence supported the court’s implied finding that he was able to pay it. We affirm.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale