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To: ArmstedFragg

the question of the weapon use also is still possible or the judge could toss it.. he’s looking at 8 to 15 or something, would have to serve 85% on a weapon charge, only 50% on the manslaughter charge.


62 posted on 07/08/2010 5:36:55 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard)
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To: NormsRevenge

Two, three, or four is the sentence, three, four, or ten is the use of a gun enhancement. While the sentences are specified, California law permits a lot of judicial discretion in manslaughter cases.


68 posted on 07/08/2010 5:48:36 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: NormsRevenge

Just wondering how you got 8 to 15 years?

Cal Penal Code 193(b) states that:

Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.

Cal Penal Code 12022(a)(1) states that:

a) (1) Except as provided in subdivisions (c) and (d), any
person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless the arming is an element of that offense.

_______________

My math adds up to 5 years.


74 posted on 07/08/2010 5:59:19 PM PDT by PanzerKardinal
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