Thu 3 Nov 2005
Remember that defendant I wrote about in the October 26, 2005 entry The Human Side of the System? I said I’d let you guys know what the sentence is and today is the guy’s sentencing.
I’d like to first address how people seem to think that judges pull a random number out of their butts when they’re sentencing someone to jail time. Our justice system is not so arbitrary as to let judicial officers amerce based on their moods. Every crime has a sentencing range that is mandated by law. Assault with a Deadly Weapon, for example, Penal Code section 245(a)(1), has a sentencing range of 2-3-4, which means that if the judge does not put the guy on probation and decides to give state prison time, he can select either the low term of 2 years, mid-term of 3 years, or high term of 4 years in state prison for this crime alone. The judge can take into consideration myriad factors when he’s selecting the sentence, such as whether the guy has a significant criminal history, whether this was a freak situation that created the assault, etc.
Anyway, in a case where a man is convicted of having shot and killed his wife and therefore is guilty of the crime of first degree murder, Penal Code section 187(a), as the judge said from the bench, “The crime of murder of the first degree warrants significant punishment and there is essentially little to no — with an emphasis on “no” — latitude with respect to Mr. [defendant]’s sentence in this case.”
Murder –> 25 years to life in state prison
Enhancement that he used a gun in committing the crime –> another 25 years to life in state prison
total sentence –> 50 years to life in state prison
This means he needs to serve 50 years in state prison before he’s even eligible for parole. This guy’s not even 40 yet.
So, boys and girls, the moral of this story is, when your wife is divorcing you, LET HER GO. Do not kill her. And if you do decide to kill her, DO NOT USE A GUN. Not even as a bludgeoning device, cuz that still counts as using a firearm in the commission of your offense. Seriously, if someone no longer wants to be with you, take that as an opportunity to get a clean start and have a great rest-of-your-life.
the last paragraph is a great reminder! not that i need it or anything. the last few line are probably more applicable.
Yeah, I wrote the first few lines of the last paragraph tongue-in-cheek, anyway.
Even though you wrote the last paragraph tongue in cheek, I believe that it is in poor taste to joke about a man killing his wife.
I didn’t joke about a man killing his wife. I said don’t do it. The tongue-in-cheek part was because it should be so common sense that it shouldn’t have even had to be said. It’s like me saying, “Don’t stab yourself in the neck with a pencil. It’s not a good idea.”