Answering some B2 questions:
Posted by
ML (aka Iadodger)
Apr 20 '21, 16:04
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1. In Minnesota, lesser-included offenses are not sentenced separately. The guilty verdict is recorded as to all 3 counts, but there is no conviction nor sentence imposed for lesser included offenses. In the end his sentence will rise and fall on the 2nd degree unintentional murder conviction.
2. Fun fact: the trial isn't over! Next up is the bifurcated Blakely trial portion where the State will argue that substantial and compelling facts exist to justify a sentencing departure upwards. If the judge (can be jury, but Chauvin waived this) finds those facts present, he can sentence all the way up to the statutory max.
3. Related, presumptive felony sentences in MN are gridded. Below is the grid. I assume Chauvin has a zero criminal history score, so 150 months with a range of 128-180 months if the judge doesn't find substantial and compelling reasons to depart. I suspect Pete will.
4. Chauvin will of course appeal, but not until after sentencing which is months off. I suspect the appellate courts will bend over backwards to find reasons to uphold his guilt and eventual sentence.
5. Politicians of all stripes should STFU as a general rule, especially in a public forum while trial is ongoing.
6. Thank god.
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Responses:
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Countering the no previous felony thing should be murder under color of authority -- nm
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zeitgeist
Apr 20, 18:58
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Thanks, this is really insightful! (NM)
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Marlowe
Apr 20, 17:48
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Thank you for posting this. -- nm
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Strongbad
Apr 20, 17:47
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thank you -- nm
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Remlik
Apr 20, 17:17
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thanks for the knowledge drop -- nm
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tRuMAN
Apr 20, 16:21
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thx, bub -- nm
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mud
Apr 20, 16:18
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thanks for the explanation! -- nm
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prayformojo
Apr 20, 16:17
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Thank you for this explaination 8-) -- nm
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JD
Apr 20, 16:14
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Thank you -- nm
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Beryllium
Apr 20, 16:11
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*tips cap* -- nm
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budice
Apr 20, 16:11
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