Jonathan Burks Sentencing 08/30/16

TL;DR

The defendant is sentenced to two years for felony firearm and 18-40 years for home invasion, with the judge recognizing his role in a three-year-old child's death.

Transcript

so ob2 will be scored at 10 points I mean uh pv2 I'm sorry any other challenge to the prior record variables prb 7 your honor is incorrect scored as 10 it should be zero and I would agree with that your honor that's the felony firearm I would agree scored at zero so it Remains the Same it do at 15 adding 10 for prv 2 and diminishing 10 for prv 7 al... Read More

Key Insights

• 👪 The defendant is sentenced to two years for felony firearm and 18-40 years for home invasion, considering the seriousness of the crime.
• 🥇 The judge places responsibility on the defendant for instigating the crime, resulting in the death of a three-year-old child.
• 🧑‍⚕️ The defense argues for a reduced sentence based on the defendant's minor criminal history and health issues.

Questions & Answers

Q: What was the defendant's role in the home invasion?

The defendant instigated the crime by making a phone call and mobilizing a volatile individual with a history of gun use. He was actively involved in the planning and execution of the crime.

Q: What was the basis for the jury's decision?

The jury found the defendant guilty of felony firearm, indicating that they believed he played a direct role in the crime. They rejected the defense's claim that he was merely a spectator.

Q: How does the defense argue for a reduced sentence?

The defense highlights the defendant's minor criminal history and health issues, stating that he has a shortened life expectancy due to a genetic condition. They advocate for a minimal sentence at the lower end of the sentencing guidelines.

Q: What was the judge's rationale for the sentence?

The judge emphasizes the defendant's significant responsibility in the crime, particularly in the death of the three-year-old child. The sentence reflects the harm caused and the defendant's active involvement.

Summary & Key Takeaways

• The defendant is sentenced to two years for felony firearm and 18-40 years for home invasion.

• The judge acknowledges the defendant's role in instigating the crime, which resulted in the death of a three-year-old child.

• The defense argues for a minimal sentence, emphasizing the defendant's minor criminal history and health issues.