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This anti-law and order nut.... (none / 0) (#14)
by kdog on Fri Nov 02, 2007 at 01:19:51 PM EST
could live with 3-6 months.  It is serious, though I don't think Don Vito is a habitual child-groper, this sounds like drunken tomfoolery (Don Vito's claim to fame btw) gone too far.

If he is sentenced to time, I think the min. is 2 years if I understand the legal mumbo-jumbo correctly, with early parole a near impossibilty.  But there is a chance of only probation.  If he does 2 years that's crazy, anymore than 2 is a major travesty.

[ Parent ]

The two years means (none / 0) (#15)
by Jeralyn on Fri Nov 02, 2007 at 02:45:59 PM EST
We have presumptive sentencing, and for a class 4 felony, it's 2 to 6 years. But most (if not all, I haven't checked lately) felony sex crimes in Colorado carry up to life in prison.

Since it's 2 to 6 years presumptive, that means probation is allowed. (The term presumptive means in the ordinary case, that's the range the person should get, but if there are extraordinary aggravating or mitigating factors, the judge can give less, including probation, or more, usually up to twice the top of the range.)

So Mangera either gets probation or a jail sentence the top end of which is life.

If he gets a jail sentence, the Board (not the judge) decides if he ever gets out.

As a condition of probation, Judges in Colorado can sentence the defendant to up to 90 or 120 days (I forget which right now)in the County Jail.

The prosecutor acknowledged he was drunk during the incident. His lawyer said he was playing his character (it was an autograph signing event.)

I hope he gets straight probation, or else, probation with some county jail.  The county he is in is a very tough, conservative one, very different than Denver. The Judge is fairly new to the bench, a former federal and state prosecutor. I like her though, and as a prosecutor I thought she was pretty fair.

Magera also has a great lawyer, Pam Mackey, who defended Kobe Bryant.

So maybe it will work out.

[ Parent ]

Thanks for the education...n/t (none / 0) (#16)
by kdog on Fri Nov 02, 2007 at 02:47:56 PM EST


[ Parent ]
We need the Colorado lawyer (none / 0) (#17)
by Deconstructionist on Fri Nov 02, 2007 at 02:53:04 PM EST
 to explain, but my understanding is

(A) the judge is not required to sentence him to prison but may impose a probation sentence of not less than 10 years (with additional condition);

or

(B) Sentence him to indeterminate sentences of imprisonment which are 2 to life and 6 to life respectively. If he is sentenced to imprisonment the minimum is 2 years on at least charge and 6 on at least charge. Once sentenced to imprisonment by the court, his release could in no circumstances be earlier  than the minimum for any respective sentence and would be entirely in the discretion of a parole commission. Meaning the judge cannot sentence him to any specific term and has no jurisdiction overthe timing of his release (other than it can't be prior to his minimum.

  I would think the judge could impose prison on one and probation on others and certainly could make a non-binding "recommendation" that would be without legal force but possible weighed by the parole commission.

  I don't know if Colorado law allows judges to impose probation with conditions of incarceration for a portion of the term, "half-way house" detention, home confinement and the like which allow a judge to imposr what he considers needed but reasonable confienment while avoiding the longer sentences required if he phrases his order as one of imprisonment.

[ Parent ]

Thanks Jeralyn, (none / 0) (#18)
by Deconstructionist on Fri Nov 02, 2007 at 02:55:33 PM EST
 I see you answered these questions before i completed my post.

[ Parent ]

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