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To: fooman; Howlin
There appears to be an out in the text of the statute:

(II) If a person is originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (c), the court may accept a plea agreement to an offense that does not constitute unlawful sexual behavior only if:

(A) The district attorney stipulates that the underlying factual basis of the offense to which the person is pleading guilty does not involve unlawful sexual behavior; or

Seems to me the DA could go in there and claim that hte underlying factual basis of the simple assault offense was not unlawful sexual behavior, but was something else -- he merely stuck her with force and it had nothing to do with sex or something.

262 posted on 08/04/2004 1:18:48 PM PDT by GAGOPSWEEPTOVICTORY
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To: GAGOPSWEEPTOVICTORY

The same DA who has been hiding the evidence of at least a second guy since last October?

Somehow I doubt it.


272 posted on 08/04/2004 1:22:17 PM PDT by Howlin (Saving Private Hamster)
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To: GAGOPSWEEPTOVICTORY

Yeah, I was hoping for the same thing, but howlin makes a good point that that may not wash.

They could convict kobe of running a lemonade stand on a sunny day and it would not matter if he has to register....


274 posted on 08/04/2004 1:22:44 PM PDT by fooman (Get real with Kim Jung Mentally Ill about proliferation)
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