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Author Topic: sentencing  (Read 3049 times)

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Offline Jackster

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    • Mary Kay
sentencing
« on: April 03, 2015, 01:59:22 PM »
Not sure where to post this. if a person is convicted (he coped out) of a crime that is the class 2 felony burglary and they are told by the judge that they are a mandatory class X due to prior convictions why would the IDOC list the conviction as a class 2 and not an X? And because they listed it as a 2 would hew qualify for good time.

Offline OnOurOwn16

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Re: sentencing
« Reply #1 on: April 03, 2015, 05:55:53 PM »
Not sure where to post this. if a person is convicted (he coped out) of a crime that is the class 2 felony burglary and they are told by the judge that they are a mandatory class X due to prior convictions why would the IDOC list the conviction as a class 2 and not an X? And because they listed it as a 2 would hew qualify for good time.

If I am not mistaken, the judge is referring to sentencing guidelines. Although the crime falls under a Class 2 felony due to your L/O's prior convictions, the judge is required to depart upward in sentencing. Think of it as a punishment for habitual offenders. Each time they find themselves in trouble, it'll be more time regardless of the typical minimums for that crime and class. The mentality is sorta like, they should have known better so we're giving them more time to try and deter them in the future. I know in several states they have a 3 strikes rule or "10-20-life" rule for violent, Class X offenders.
Hopefully this makes sense and is helpful

Offline Jackster

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Re: sentencing
« Reply #2 on: April 03, 2015, 05:58:30 PM »
I was kinda thinking the same thing. So question now would he qualify for good time?