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Old 06-13-2020, 03:42 PM
Chris’Girl Chris’Girl is offline
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Default Would a special order from sentencing Judge help at clemacy hearing?

Does a special order from the sentencing judge significantly help the inmates clemency hearing?
Chris’ sentencing judge issued a special order under Arizona Revised Statute 13-603(L) allows the court to issue a special order at time of sentencing only if it believes that a sentence is clearly excessive. The order will allow the person sentenced to petition the Board for a commutation of sentence with ninety days after they are committed to the Department of Corrections. The court will provide the Board in writing its specific reasons concluding that the sentence is excessive. I’m trying to be hopeful but being granted clemency in Arizona is rare.

Last edited by Chris’Girl; 06-13-2020 at 03:46 PM.. Reason: Not finished before posted
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Old 06-16-2020, 07:33 AM
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I dont know but I hope he can get *heard*
Im sorry is about all I can offer.
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Old 06-16-2020, 12:50 PM
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Quote:
Originally Posted by Chris’Girl View Post
Does a special order from the sentencing judge significantly help the inmates clemency hearing?
Chris’ sentencing judge issued a special order under Arizona Revised Statute 13-603(L) allows the court to issue a special order at time of sentencing only if it believes that a sentence is clearly excessive. The order will allow the person sentenced to petition the Board for a commutation of sentence with ninety days after they are committed to the Department of Corrections. The court will provide the Board in writing its specific reasons concluding that the sentence is excessive. I’m trying to be hopeful but being granted clemency in Arizona is rare.

If the Judge felt that the sentencing excessive, should have said so at sentencing then give him a fair sentence. Or at least let the record show that the judge gave this sentence under duress becasue his/her hands are tied by statue.
As far as using 13-603(L) it sounds like a good avenue for him to try and use when he does his clemency petition. Continue to research your avenues
if the judge feels this is a excessive sentencing you may want to try a Appeal


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Old 06-16-2020, 07:36 PM
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If the Judge felt that the sentencing excessive, should have said so at sentencing then give him a fair sentence. Or at least let the record show that the judge gave this sentence under duress becasue his/her hands are tied by statue.
As far as using 13-603(L) it sounds like a good avenue for him to try and use when he does his clemency petition. Continue to research your avenues
if the judge feels this is a excessive sentencing you may want to try a Appeal


He was on probation for a prior conviction at the time of this trial by jury so the judge said his hands were tied and he wasn’t able to reduce the sentence at the time of sentencing, the best he could do was order the clemency hearing. His attorney has also submitted and appeal. The state’s case had no evidence but it’s always a crap shoot when you have a jury trial. Even had the arresting officer on the stand saying he did not find Chris in possession of any stolen property, neither on his person or in any of his vehicles or at any properties. But jury still came back with a guilty verdict. Judge is on record saying there is no smoking gun in this case. Smh. I really didn’t think the jury would come back with a guilty verdict but here we are.
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Old 06-17-2020, 09:13 AM
enigmaingr enigmaingr is offline
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You'll definitely want to talk with someone in Arizona about the particulars of the statute and how it applies to his situation. Quite honestly, that is a very peculiar statute. Across the states, there are relatively few sentencing situations where a judge's hands are truly tied...an example might be what we call first degree murder or felony murder, which carries a mandatory life without parole sentence. And it sounds like your situation is a plea...which raises all kinds of other questions in my mind...all that being said, I would imagine that if the statute applies to his particular charge, and the judge made that statement, it should at least be considered. Although I'm almost positive the board still has discretion in its decision.
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Old 06-17-2020, 06:49 PM
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You'll definitely want to talk with someone in Arizona about the particulars of the statute and how it applies to his situation. Quite honestly, that is a very peculiar statute. Across the states, there are relatively few sentencing situations where a judge's hands are truly tied...an example might be what we call first degree murder or felony murder, which carries a mandatory life without parole sentence. And it sounds like your situation is a plea...which raises all kinds of other questions in my mind...all that being said, I would imagine that if the statute applies to his particular charge, and the judge made that statement, it should at least be considered. Although I'm almost positive the board still has discretion in its decision.
Thank you for taking the time to respond. It is a unique situation. He did not take a plea deal because the judge said if he took the deal he wouldn’t have been eligible for the immediate clemency hearing the sentencing judge was planning to special order. He was on probation for a prior conviction at the time of this trial by jury so the judge said his hands were tied and he had to give him the mandatory sentence at the time of sentencing, the best he could do was order the clemency hearing. His attorney has also submitted an appeal. I’m just hoping that this special order from the sentencing judge will hold some sort of weight in the board’s decision since it’s not your normal petition for clemency.
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