Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

'3 strikes' sentence overturned for lack of jury
San Francisco Chronicle ^ | 2/10/11 | Bob Egelko, Chronicle Staff Writer

Posted on 02/10/2011 12:34:03 PM PST by SmithL

A federal appeals court has overturned the 25-years-to-life sentence of a South Bay man who was caught driving while intoxicated in 1999, six years after a drunken accident that killed a passenger.

A Santa Clara County judge based his decision to sentence Rick Wilson under California's "three strikes and you're out" law on findings he made about Wilson's previous crime. That violated Wilson's right to have a jury decide those questions, the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 2-1 ruling Tuesday.

The court cited a 2000 U.S. Supreme Court decision that entitles defendants to a jury verdict on any factual issue that could increase their sentence. Wilson's lawyer said the ruling, if it stands, will affect many other three-strikes cases in which the defendant's record includes guilty pleas to charges that never went before a jury.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: 3strikes; 9thcircus; activistjudges
So, according to the clowns in the 9th Circus, pleading guilty isn't counted as a strike?
1 posted on 02/10/2011 12:34:05 PM PST by SmithL
[ Post Reply | Private Reply | View Replies]

To: SmithL

I guess you can now plead guilty, wait a few years in jail, then claim you want a jury trial?


2 posted on 02/10/2011 12:50:26 PM PST by ltc8k6
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

This will be overturned. The judge did not deny this guy his rights. And if you get right down to it, every defense lawyer could urge their client to plead guilty, so that they could challenge the sentencing.

FAIL!

This must be appealed, or it will affect every case where the defendant plead guilty. That would be utter nonsense.


3 posted on 02/10/2011 1:23:10 PM PST by DoughtyOne (All hail the Kenyan Prince Obama, Lord of the Skid-mark, constantly soiling himself and our nation.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson