3 Years for Dixie

[Herbert Spencer]

Isn't part of a guilty plea a joint sentencing presentation by the prosecution and defence? Shoudn't the sentence already have been agreed upon? Isn't that the way you convince people to plead guilty?

I'm told there is a presentence report prepared by the Office of Probation, although this seems to just parrot the prosecution's party line. Objections can be filed by the defendant.

In this case Dixie apparently stipulated in the plea agreement to serve a 3 year sentence. But the sentencing guidelines allow a request for alternative confinement such as home detention.

There apparently were quite a few objections filed to the presentence report here. These included objections to the use in the report of newspaper articles and laws passed ex post facto.

Not known yet how the judge ruled on any of that, but I suppose he could have granted all the objections and still sent her away for three years. Obviously the judge has little incentive to cut you slack when you already agreed to the time.


  JointObjPSR.pdf (Size: 814.64 KB / Downloads: 12)

  BreenDecPSR.pdf (Size: 228.18 KB / Downloads: 11)

  FurtherObjPSR.pdf (Size: 260.27 KB / Downloads: 7)