Tuesday, September 18, 2007

People v. Randall (Cal. Ct. App. - Sept. 18, 2007)

Let's say that you plead guilty to being drunk when you plowed into someone. You're lucky enough to get sentenced to a year in jail and five years probation.

What do you think you should do next? Stay clean and sober, maybe? Or, once you get out of prison, while on probation, promptly get arrested for public intoxication and battery?

Robert Randall chose the latter option. Resulting in the revocation of his probation and five extra years in prison.

Not a wise decision, I think.

One more thing. This one about doctrine. When the statute says that victims have the right to speak at "the sentencing proceeding" of an individual, that actually means they have the right to speak at "the sentencing proceedings". So concludes Justice Hull.