[loyal wife]

If a sentencing guideline worksheet has 3 offenses for 1 event

For the 1 st offense there is nothing mention for the serious category
( charge wa poss w.int of cocaine ) but under the guide line range the 1st offense held
1 year to 3 years
But the actual sentence given was 15 years ss/ 5 prob $1000 and cost

2nd off - serious cat. v-vii
Guide range for sentence probation - 2 years
Actual sentence was 15 y ss con/ 5 prob

3rd offense- serious cat. v-vii
Guide range for sentence probation - 2 years
Actual sentence 10y ss con / 5 pr


The offender score was a 1 (with the max being 9 and min. 0)

The offense score (s)
1st offense nothing mentioned
2nd offense score 02
3rd offense score 02

Was the actual sentence given over the sentencing guidelines
Under the MD commission the judge can sentence out of the sentence guidelines as long a he indicates cause to justify senetence. On te guidelines the juedge did not give a statement.


I also would like to know if the art. And sec. and subsecneed to indicated on the commitment record?

Example : art 27 sec 286 does it havae to indicate what subsection a, d,b. d?
Or it art 27 sec. 286 enough when the a b c have different meritthat causes to have a harsher sentence between the subsec?

[JudyKayTee]

If a sentencing guideline worksheet has 3 offenses for 1 event

for the 1 st offense there is nothing mention for the serious category
( charge wa poss w.int of cocaine ) but under the guide line range the 1st offense held
1 year to 3 years
But the actual sentence given was 15 years ss/ 5 prob $1000 and cost

2nd off - serious cat. v-vii
guide range for sentence probation - 2 years
actual sentence was 15 y ss con/ 5 prob

3rd offense- serious cat. v-vii
guide range for sentence probation - 2 years
actual sentence 10y ss con / 5 pr


the offender score was a 1 (with the max being 9 and min. 0)

the offense score (s)
1st offense nothing mentioned
2nd offense score 02
3rd offense score 02

was the actual sentence given over the sentencing guidelines
Under the MD commission the judge can sentence out of the sentence guidelines as long a he indicates cause to justify senetence. on te guidelines the juedge did not give a statement.


I also would like to know if the art. and sec. and subsecneed to indicated on the committment record?

example : art 27 sec 286 does it havae to indicate what subsection a, d,b.,d?
or it art 27 sec. 286 enough when the a b c have different meritthat causes to have a harsher sentence between the subsec?

Were there priors? I think you are quoting first offense law.

[loyal wife]

Yes, it was his first offense for these charges

Possession w/ intent
Assault
Resisting arrest


But his adult priors were minor

Simple possession of marajuania and hand gun non felony charges
Senetenced to 1 year non suspended with unsupervised probation for 12 months( all completed without violations)

[excon]

Hello loyallady:

I think you're asking the wrong question.

Given that your loyalman is IN the slam, it doesn't matter how we figure the guidelines, or how you figure the guidelines, or for that matter, how THEY figured the guidelines. You must ASSUME they were figured incorrectly, and then DO something about it...

Which brings us to my point. What ARE your going to do about it? Of course, what you SHOULD be doing about it depends on lots of things. Things such as, did he plead guilty? Was there a trial? Did he appeal? Is he just starting? Does he have an appellate attorney or is he on his own? Did he file for a reduction from the judge? Did he snitch on himself when the pre-sentence investigation was done? Was there a conspiracy? Were there other defendants? Was he snitched on?

Stuff like that.

Bottom line is, he needs to take advantage of every single post conviction remedy that's available to him.

excon

[loyal wife]

Well as of now are in the process of modification of senence to have the 15 y violation rean with the He is about finish doing 17 on 25 and being that the cases I mentioned had a 15 y violation penalty he will start doing that time after he finishes the remaining time for the 25.
No he did not snitch never that .
Yes there was someone else involved that gave his name .
This was suppose to have been a plea agreement . But the pd did not inorm him that the agreement was giving him more time than the max for the charges.

In y eye insufficient counsel .It is the ethic of the pd to inform his client of the sentence guidelines for the charges . And not have his client et assume that he could get 40years for a first offense possession w. intent with less that 8.8 g and assault and ressist

In Maryland they have common law
So he allowed him to plea on the 3 charges

With the vlation of art 27 sec 286 possesio w/ intent cds max 20 yrs
But they did not mention tha the sec 286 have subsec a, b, c,d with different penalties because of the serious cat. They did not specify what the 20y sentence is the max with 10 man for a subsequent offender. At the time this was his first offense with possesiomnof a sch ii cds. As wll as 1st offense for assault and resist which by the way holds a max of 2 yr

[twinkiedooter]

He has 30 days from the date of his sentencing to have this appealed. After 30 days he can do nothing but sit in prison.

[excon]

Hello again, wife:

I'm sorry. I don't understand any of your jargon. You say his sentence was con. But that can mean concurrent or consecutive. There's a BIG difference between the two.

Plus, I can't figure out whether you're trying to get a guilty plea overturned that happened 17 years ago, or what... I don't know what "in the process" of a sentencing modification means.

You use terms like violation leading me to believe that he's been on parole or probation, or something.

But, it's ALL OK. I don't have to know the details. What I know is that he needs a lawyer.

Certainly, the PD has a responsibility toward his client, but if he fell down on the job, the judge TOO has a responsibility toward his defendant. I've been involved in guilty pleas. I know what a judge says when accepting a guilty plea. The judge explains very carefully what the sentence COULD be if the defendant went to trial. He does it again, and again. The judge will spend about 20 minutes making absolutely certain that the defendant knows exactly what is going on and what his options are. He asks him if he's been promised anything for pleading guilty. He asks him if he understands everything that's been explained to him...

If you're saying the judge in your mans case didn't do that, then the time to have that guilty plea reversed was THEN. If he didn't, guilty pleas are almost impossible to get reversed.

Nonetheless, your man needs a lawyer.

excon