[goseminoles]

I’d say it is. The judge exceeded the sentencing guidelines. You can’t punish a third degree felony with a first degree felony sentence. It is what it is, no matter how malicious.

[Abin Sur]

You can’t punish a third degree felony with a first degree felony sentence. It is what it is, no matter how malicious.

I don't believe you're correct...what about "three strikes" laws that result in habitual offenders getting 25 to life for shoplifting?

http://en.wikipedia.org/wiki/Three_strikes_law

[Clump]

A third degree felony can be enhanced and punished as a first degree with two prior felony convictions. I know because I am a criminal defense attorney in Texas. It’s harsh but fair.

[SomeCallMeTim]

I’d say it is. The judge exceeded the sentencing guidelines. You can’t punish a third degree felony with a first degree felony sentence. It is what it is, no matter how malicious.

You're right about that..it's the LAW that is messed up.

THREE is too many, as far as I'm concerned. I never, ever want to read about a 4th DWI conviction... ever. There's is NO excuse to justify it.

My position is... increase the BAC limit for "drunk driving"... to 0.11 %... but, dramatically increase the penalties for conviction... and, increase the penalties exponentially for multiple offenses.

[ontap]

After enough third degree felonies they cease to be third degree. He’s an habitual criminal.