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Finally Over - Court Sentencing


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The defendant pled guilty and was sentenced to 30 years 7 months in prison this week. No parole due to the violent nature of the the crimes. My DH and I read out loud our impact statements and the Deputy DA read out loud my son's (victim) and my daughter's impact statements. When it was over the criminal flipped off the court.

 

The sentenced criminal was on trial for pulling up next  to the vehicle my son was in and firing a sawed off shot gun into the vehicle permanently blinding my son. My son never knew him before. 

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Is that a true thirty years or is it an added total (like the media so frequently does with federal sentences even though that isn't how federal sentences often work)? 

 

And make sure you confirm the no-parole component.  I've seen DA's who don't understand parole law mislead victims on more than one occasion.  And it is something that comes up often...

 

While every State is different when it comes to parole eligibility or mandatory releases, one truism is that judges and prosecutors are often more ill-informed about post-conviction issues than even defense counsel (and they are often WOEFULLY ill-informed, to the point where we have specific case law in this State that applies to a case where someone takes a plea based upon erroneous guidance on the issues of parole). 

 

You can also check with Victim Services for the correctional agency to see what remedies may exist to ensure he is assigned as far away from you as possible, to the extent that security protocols are still satisfied.  There are some jurisdictions which will place the wishes of the victim over the potential for family visitation hardships created by the distance.

 

And, lastly, now that the conviction is a done deal, look into the Crime Victim Compensation Fund (or whatever name it goes by in your State).  There are often funds available for victims to pay for things like medical bills. 

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6 hours ago, centex said:

Is that a true thirty years or is it an added total (like the media so frequently does with federal sentences even though that isn't how federal sentences often work)? 

 

And make sure you confirm the no-parole component.  I've seen DA's who don't understand parole law mislead victims on more than one occasion.  And it is something that comes up often...

 

While every State is different when it comes to parole eligibility or mandatory releases, one truism is that judges and prosecutors are often more ill-informed about post-conviction issues than even defense counsel (and they are often WOEFULLY ill-informed, to the point where we have specific case law in this State that applies to a case where someone takes a plea based upon erroneous guidance on the issues of parole). 😪  The judge announced it at sentencing. The Deputy DA made no promises. The Deputy DA did say that they combined felonies in the deal so they could not be piecemealed apart down the road due to new lenient CA laws. This was an area that was of great concern a month ago before sentencing. I may not be articulating this correctly because it was out of my field. Additionally, the criminal racked up more felonies while in jail. One in particular was a jail beatdown. The Deputy DA called me after sentencing and volunteered that that assault was exceptionally violent resulting in grave physical injuries to another inmate. He said he predicts the shooter will continue to add to his sentence and end up spending life in prison.

 

 

 

6 hours ago, centex said:

 

You can also check with Victim Services for the correctional agency to see what remedies may exist to ensure he is assigned as far away from you as possible, to the extent that security protocols are still satisfied.  There are some jurisdictions which will place the wishes of the victim over the potential for family visitation hardships created by the distance. Oh good advice. Thank you.

 

And, lastly, now that the conviction is a done deal, look into the Crime Victim Compensation Fund (or whatever name it goes by in your State).  There are often funds available for victims to pay for things like medical bills. I did that a year ago.

 

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On 6/13/2021 at 9:52 AM, cv91915 said:

I'm so relieved for you and your family that this chapter is over.  💛

 

After it was over I treated myself to a total body massage. Afterwards I went walking and had a surprise encounter with a beautiful horse at Fiesta Island.

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4 hours ago, StarkRaven$ said:

After it was over I treated myself to a total body massage. Afterwards I went walking and had a surprise encounter with a beautiful horse at Fiesta Island.

I had a client once who liked surprising horses with an encounter...oh, wait...different sort of encounter probably. ;)

 

 

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Posted (edited)
20 hours ago, centex said:

I had a client once who liked surprising horses with an encounter...oh, wait...different sort of encounter probably. ;)

 

 

Brings about a whole new meaning of *Admin and our Terms of Service prohibit profanity* kickers, at least from the horse's perspective.

 

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Edited by StarkRaven$
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  • 2 months later...
On 6/14/2021 at 7:11 AM, StarkRaven$ said:

@Centex you are correct about the no probation part. Turns out the perp is eligible for parole in 22 years. The judge said at sentencing after each case "Not eligible for parole". The perp is at Kern State Prison in Delano, CA. for now. 

 

On 6/14/2021 at 7:11 AM, StarkRaven$ said:

 

 

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21 hours ago, StarkRaven$ said:

 

 

For some reason, I thought you were on the east coast.  That this is a California case means we will all keep our fingers crossed for you...

 

That is about all I can say without running afoul of the prohibited P word around here...

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  • 3 weeks later...
The defendant pled guilty and was sentenced to 30 years 7 months in prison this week. No parole due to the violent nature of the the crimes. My DH and I read out loud our impact statements and the Deputy DA read out loud my son's (victim) and my daughter's impact statements. When it was over the criminal flipped off the court.
 
The sentenced criminal was on trial for pulling up next  to the vehicle my son was in and firing a sawed off shot gun into the vehicle permanently blinding my son. My son never knew him before. 

30 years is better than nothing, but I'd be out for blood. 5.68 liters of blood, to be precise.

On a totally unrelated note, there are guests of the federal government who, for a minimal cost, will ensure someone is never capable of offending again. Or breathing, too, for that matter. ;)


Sent from my iPad using Tapatalk
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