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I am getting a little confused by all that is happening with my husband's appeal, can anyone explain?
Okay, since my husband was convicted of his felony, the state appealed the sentence. They think that the judge went too LIGHT on him, when in fact it was very close to being a mistrial because the state kept trying to bring closed past cases up that weren’t allowed to be mentioned. The minimum recommended sentence was 31 months, he was given 1 year 1 day, 1 year house arrest, and 2 years probation. The state had a fit and argued with the judge. By my math, he’ll be controlled for 2 years, which is 24 months, which is still 77% of the 31 months. I’ve had random people tell me that the judge is allowed to take off 25% of the recommended sentence without getting in trouble. My husband should TOTALLY not been convicted of this, it was something that he did…. but wasn’t at fault for. It’s a really sticky situation, but not much we can do about it, so we deal with it.
Since he was taken, these are the things that have been posted to his court record online:: Can ANYONE tell me what this means and what is going on???
09/07/2011 JUDGMENT & SENTENCE
09/07/2011CRIM/TRAF/JUV ORIG DISPOSITION
09/07/2011SEALED: PSI REPORT
09/07/2011ASM: PUB DEF APP W/CLK CIRCUIT(.00)
09/07/2011ASM: PUB DEF APP W/CLK CIRCUIT.00
Count 1-1 (.00) ASM: PUB DEF APP W/CLK CIRCUIT
09/08/2011COMMITMENT CHECKLIST
09/09/2011PRE SENTENCE INVESTIGATION
09/12/2011UNIFORM COMMITTMENT TO CUSTODY
09/15/2011REASONS FOR DEPARTURE
FILED IN OPEN COURT
P 109/20/2011841NOTIC APPEAL TO DISTRICT COURT287
P 109/20/2011852DESIGN RECORD TO CRT REPORTER287
P 109/20/2011863STMNT JUD ACTS TO BE REVIEWED287
P 109/20/2011874DIRECTIONS TO THE CLERK287
09/21/2011881APPEAL TRANSMITTAL LETTER287
NOTICE OF APPEAL MAILED TO 5DCA
NOTICE OF APPEAL MAILED TO ATTORNEY GENERAL
09/29/20118915DCA ACKNOWLEDGE – RECORD525
5D11-3201
D 109/30/2011911ORD APPT PD FOR APPEAL PURPOSE17
10/06/2011901APPEAL TRANSMITTAL LETTER287
ORDER MAILED TO 5DCA,AGO,PD
5D11-3201
10/26/2011921TRANSCRIPT OF HEARING287
(O+2)
# OF PAGES: 52
PRESIDING JUDGE’S INITIALS: CR
DATE OF COURT PROCEEDINGS: 9/7/11
10/31/2011931INDEX TO RECORD ON APPEAL525
10/31/2011942APPEAL TRANSMITTAL LETTER525
RECORD ON APPEAL MAILED TO 5DCA
RECORD ON APPEAL MAILED TO ATTORNEY GENERAL
RECORD ON APPEAL MAILED TO PUBLIC DEFENDER
11/03/2011951DESIGN PD 7TH JUD CIRCUIT525
11/03/2011962CERT MAIL RECEIPT SERVED525
5DCA AGO P/D
11/04/2011971APPEAL TRANSMITTAL LETTER525
MAILED DESIGNATION OF 7TH JUDICIAL CIRCUIT TO:
FIFTH DISTRICT COURT OF APPEALS
ATTORNEY GENERAL’S OFFICE
PUBLIC DEFENDER
12/06/2011981FIFTH DISTRICT COURT ORDER525
SUP RECORD ON APPEAL BY 1-3-12
5D11-3201

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