Since writing my first “legal road” article I’ve mentioned in a few different posts about what’s happened with my process of trying to get back into court to remedy the ways I was wronged. As of February 1st my motions were officially accepted by the court. The prosecutor has 56 days from that date to try to disprove my claims. Once the prosecutor submits his response the judge will make a ruling on all of my different issues. At this point in the process it could be everything and I could get out or it could be nothing. I’m hoping for the best, but expecting the worst. I would like to have faith that justice will prevail, but in reality it’s the same judge that allowed everything to happen in the first place. what I realistically think will happen is that I’ll be resentenced to getting the sentencing enhancement removed, and to have the guideline range of time that they can sentence me to be lowered.
I was charged with the sentencing enhancement of “habitual offender 3rd” that allows my sentence to be doubled. Habitual enhancements are supposed to be a deterrent from committing the same class of crime repeatedly because it gets you more time for it. I was legally only allowed to be charged with a 2nd habitual sentencing enhancement because this is only my second felony case, but because they overcharged me they have to remove it and the law states that they have to give notice of a habitual enhancement within 21 days of being arraigned which means that its too late to put any other sentencing enhancement on me when they do remove it.
The reason why my guideline range should be lowered, besides getting the sentencing enhancement removed, is because after I was sentenced it had been found unconstitutional to be scored for “variables” without evidence to support what you’re being scored for. The guideline range is a minimum and a maximum amount of time that they should sentence someone to and variables are all the different factors that they can legally use against you when scoring your guidelines to decide how much time they sentence someone to. When I was sentenced “judicial fact finding” was still allowed, which means if the court believed something, even without evidence, they could score points for that “variable”. out of the 140 points I was scored for, at least 40 points were based on judicial fact finding with no evidence to support them so I should have those points removed and be resentenced within the correctly scored guideline range.
I raised quite a few more issues than just the two that I’ve explained, but I can’t be confident that I’ll be granted anything else at this stage in the process. It’s already been proven that the integrity of the court that I’m dealing with is compromised otherwise I wouldn’t have to be raising these issues that are so blatantly illegal in the first place.
That’s what I think will realistically happen. One of the other remedies that I respectfully requested the court to grant me was to be sentenced to the next lesser charge of assault with intent to do great bodily harm less than murder. I was charged with assault with intent to murder, which is a specific intent crime. Every criminal charge has specific criteria that has to be proven in order to be able to charge someone with it, these criteria are called “essential elements”. In my case, there was never any proof to the essential element of the intent to murder because I wasn’t trying to kill anyone. If I’m granted the remedy of getting the next lesser charge, I’ve already served more than the maximum amount of time that they could sentence me to and I would be getting released.
Even being realistic and not getting my hopes up about what might happen, I can’t say that the thought of maybe getting out isn’t entertaining and exciting.
Even if I don’t get any form of relief at this stage I still have more steps that I can take. These motions are being handled in the lower court (my sentencing county court) and my next step would be a different form of motion that would raise all the same issues but would be able to be reviewed by the higher courts (the Michigan court of appeals and if need be the Michigan supreme court). if all my issues still aren’t remedied by then, I’ll have one shot to file in the Federal courts because some of my issues are so serious that they’re in violation of my constitutional rights.
Only time will tell what the future holds.