3 ms·
In this case it is accurate to say he faces up to 45 years for linking, because the statutes that are charged mandate consecutive sentencing. Concurrent sentenc
by ageisp0lis 13y ago
In this case it is accurate to say he faces up to 45 years for linking, because the statutes that are charged mandate consecutive sentencing. Concurrent sentences are allowed at the court's discretion "only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation" of the same statute.
- gamblor956 13y agoNo, you're reading the statutes wrong. 1028 does not mandate consecutive sentences. Note that 1028 is also the "base" offense, i.e., the actual felony. That means the first 3 charges yield a potential maximum sentence of 45 years, but more likely 3 simultaneous sentences of 15 years. 1028A is the "enhancement" charge, which is why it must be served consecutively to the base offense on which they are levied. However, the enhancements themselves can be served concurrently. This means the potential enhancement sentence is anywhere from 2 years to 18 years. This may be too complicated to explain in a brief HN comment, but an enhancement to one charge can be served consecutively to another charge because the concurrency prohibition is specific to the underlying offense. (I.e., if he gets 10 years for Count 1, but 8 years concurrently plus a 2 year enhancement for Count 2, he can serve both 10 year terms concurrently because the enhancement doesn't extend the sentence for count 1).
- deleted 13y ago[deleted]