Conviction
Assume Jones has been convicted of murdering another person with an assault weapon in furtherance of street gang activity. The drug charge was dropped before the trial. He has one prior felony conviction and, under California law, that means if the Three Strikes law applies, it will double the sentence whatever it may be. The law provides for special sentences for enhancements of using an assault weapon, or a crime committed in furtherance of street gang activity. McBride is preparing his argument for the sentencing hearing and needs your assistance in calculating the worst and best case scenario given the charges.
Research and calculate the sentence for the charges against Jones and the likelihood he will get a suspended sentence or probation.
Consider this: Although the charges are dropped, he may be a drug addict and could benefit from a drug treatment program, he may be eligible for probation, or he may be eligible for a jail stay of one year and then drug treatment. Be creative and abide by the sentencing laws.
Write your sentencing memo to McBride. Be sure to cite exact references, so your opinion has merit. McBride really comes apart if you make a point and do not cite authority.
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