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Old 02-12-2018, 11:54 AM
gvalliant gvalliant is offline
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Originally Posted by Halo527 View Post
I had thought that SB 620 would help us since the judge could drop it, but I'm not so sure that he will, as judges are "political animals" since they have to be elected. The judge we have is also a former prosecutor, and from his comments the other day, he told us that he thought 12 years would be where the prosecutor might come down to, but told our lawyer to try for 10. Our lawyer told the DA that we would not take more than 10. If the DA won't come down, I'm inclined to have my son plead guilty to the judge. Maybe if we do that, we might be able to get him to drop the enhancement. It does seem to me that an enhancement should only be applied when someone fires bullets towards a person and/or hits them. In our case, my son did discharge the gun into a ceiling, and I think that this is what is causing the problem. Had he just gone in with a bat! Ironically, if he had gone in and stabbed someone to death, he would only get 11 years. In fact, I brought up a case I that courthouse where someone killed another guy with a gun premeditated and deliberated and he got 10 years. In my son's case, the DA is feeling very bold because there are 4 witnesses and although their stories are inconsistent, that doesn't seem to matter. I keep saying my son created the perfect shit storm for himself. It makes me very angry that he has thrown years of his life away thru this action. On the other hand, he was in a state of mental breakdown, so I understand why.
He shot the gun. Enhancement law adds 10 for simply having gun, 20 for shooting. Law doesn't care where he shoots it. Enhancement is life for shooting and hitting someone (assuming you don't kill them which is something else again). He's getting a break for the fact he is only (using the word "only" loosely) getting the 10 year enhancement instead of 20? Is that why the judge is commenting about the 12 sounding where he thinks it might end?

You are right, if he didn't have the gun but some other "weapon" this law wouldn't be an issue. Use a gun and you're done I think is the marketing title they came up with back in the 90's to sell the public on voting for the initiative.

The law does give judge ability to strike the enhancement even with him discharging it. I would guess tougher to get judge to do that given the gun was fired, but possible.

Makes for a tougher decision for you and your son. It does sound like your lawyer is fighting for him.
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