Judge Asks One Question That Leaves Defendant Speechless

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[00:00:00]interconnected in the criminal justice system.

[00:00:02]Um we'd ask the court to consider that. She has 91 days of jail time credit. There is no reimbursement requested.

[00:00:09]>> Anything from probation?

[00:00:10]>> Nothing further, your >> Mr. Stephen Boston.

[00:00:13]>> Judge, uh I did read her statement and she gave a really accurate accounting of her life. Her mother died when she was like 14, 15 years old and uh she had absolutely nobody looking after her.

[00:00:29]Through her father, she became involved with this man who's twice her age and he still is in her life.

[00:00:35]And she I will admit she knows a lot of people that prosecutor finds offensive. However, she grew up in High Point, which is a neighborhood that I think everybody in this little subdivision's got a record. This is all she knows.

[00:00:51]From the time she was 15 years old, these are the kind of people that she was she she associated with. So, I imagine they're still in her life and I think that's obvious.

[00:01:00]Jason Norton keeps popping up, although I think he's incarcerated again.

[00:01:05]Uh Since I've been visiting her and she has cleaned herself up and she's been she hasn't been on any drugs, which are quite available. I know this just from my own clients, other clients.

[00:01:20]And uh we've talked about the fact that she was going to go to Marysville and we talked about what she could do when she went to Marysville.

[00:01:28]And one of the things I wanted her to do was finish and get her GED.

[00:01:32]And they have a dog program up there and she is amazing with dogs. Uh she's had several of her own and she has trained them and she's trained other people's dogs. She really is got she's got a skill.

[00:01:45]If she could just get away from these people that she has been growing up with since she was like 15 years old, she'd probably be in a lot better situation than we are today.

[00:01:54]And I'd really like you to consider giving her minimum time.

[00:01:59]>> Ms. Manning, anything you want me to know?

[00:02:03]>> I I understand I was wrong and uh No.

[00:02:11]>> What's it going to take to get your attention uh to get you to stop hanging around if it's the people you're hanging around with or what's it going to take?

[00:02:22]>> I just haven't had no support or family and um they're just all I really knew or like anywhere I had to really go cuz I just got taken away and I was in the system.

[00:02:31]And I just didn't really have nobody.

[00:02:37]>> Well, when you turn to people Is Jason Norton is he incarcerated now?

[00:02:42]>> I don't know. That's what Roxanne said, but I don't know.

[00:02:44]>> Do you believe that he is?

[00:02:46]>> Um if it happened recently, he he he gets incarcerated a lot.

[00:02:51]>> Well, when you hang around with people that are doing drugs and breaking the law and in and out of jail, in and out of prison, uh this is this is what ends up happening. Now, you found yourself in a situation where the only discretion I have have is picking a number between two and eight.

[00:03:07]That's the the limit of my discretion cuz this is a now a mandatory prison sentence. So, you're going to prison today.

[00:03:14]What is it going to be enough?

[00:03:16]I I'm trying to find out what what's what makes you tick so that you don't keep coming back.

[00:03:23]I mean, your your record's horrible.

[00:03:25]You're not even that old.

[00:03:27]I get I get the upbringing, but at some point in time, you yourself have to make a decision and understand that when you make a decision, there's consequences. So, if you make good decisions, there's good consequences. You make bad decisions, now you see what the bad decision the consequences of that are. I mean, if this is the life you want, that's fine.

[00:03:48]And we can just keep doing this over and over, keep sending you to prison. If this is the life you want, you have four kids all with Mr. Norton.

[00:03:56]>> Yeah.

[00:03:57]>> One of them's adopted out. Who has custody of the other three?

[00:04:00]>> His family.

[00:04:01]>> His family.

[00:04:02]>> I don't have >> These kids don't stand a chance.

[00:04:05]I mean, is is this the life that you want for your kids? At what point in time are you going to step up and break this cycle?

[00:04:12]>> I'm ready.

[00:04:14]I'm sorry it took me coming to where I'm at to be ready, but I like I said, I'm I'm embarrassed that it took me so long to realize what I've what's really going on in my life and where I'm going. And now that I'm almost 28 years old, like but I have I plan to change and do better and learn from this.

[00:04:45]>> If you got Is Hamilton County's case has been resolved?

[00:04:48]>> She's There's a warrant for a probation violation.

[00:04:59]>> I did two years and then >> Yeah, she uh she did She did two years of what was a three-year probation or crew.

[00:05:06]>> Yeah, they told me I was eligible to file for my motion, but I paid off my fines and then lost the house.

[00:05:11]>> Yeah, we paid off her We paid off her fines.

[00:05:14]Uh and then this happened.

[00:05:17]Uh but she did well until Jason got out of the penitentiary.

[00:05:23]>> [laughter] >> About two years and then he cuz he was locked up on another case, not the case that she was on, total different case.

[00:05:31]And I I followed him, too.

[00:05:34]To find out where he was.

[00:05:36]>> All right. Court considered the statements made here today to pre-sentence investigation purposes and the principles of sentencing, the relevant seriousness and recidivism factors. You have not been to prison before, correct?

[00:05:46]>> Never.

[00:05:47]>> All right. The court will order you to serve a minimum term sentence on count two of two years in prison, maximum term sentence of three years.

[00:05:58]That is a mandatory prison sentence. The court is also going to order When when you're not in jail, where do you live?

[00:06:28]>> I haven't really had a stable place since I lost my house.

[00:06:31]>> All right.

[00:06:33]All right. The court's going to order you to serve on count three 12 months.

[00:06:37]That to be served consecutive to count two for a total of three I'm sorry, for a total of three to four years.

[00:06:49]Two uh the two to the two years is mandatory. The 12 months is not mandatory.

[00:06:57]Um You have 91 days jail time credit.

[00:07:01]Court finds that you're indigent for the purpose of any fines, costs, or other financial sanctions, including the mandatory fine of $7,500.

[00:07:11]You're also subject to a mandatory period of post-release control, which means if you serve out your sentence uh the adult parole authority will supervise you for less no less than 18 months or more than three years. If your violation is that you commit another felony, you can be returned to prison for 1 year or the period that you have left on PRC, whichever's longer. That time would run consecutive to any additional prison time that you get sentenced to.

[00:07:34]The court does find that the consecutive sentence is necessary to punish this defendant. It is not disproportionate to the conduct or danger posed by the defendant. And your criminal history demonstrates that a consecutive sentence is necessary.

[00:07:49]Now, since because a portion of this is not mandatory, you may are eligible on that 12 months receive up to one day per month for participating in certain education, vocation, or other programs sponsored by the Department of Corrections.

[00:08:03]I'm going to leave you with this. Well, first off, you have a right to appeal the court's decision of your sentence to the 12th District Court of Appeals. If you want to appeal, you must file your notice of appeal within 30 days of today's date. If you can't afford to pay for the transcript or anything necessary for your appeal, that can all be provided to you at no cost. If you cannot afford an attorney, I will appoint one for you at no cost. I'm going to leave you >> you need to give the Reagan Tokes language for the indefinite sentence.

[00:08:28]>> I did it at her at her plea.

[00:08:30]>> I think you have to do it as a part of sentencing as well.

[00:08:37]I agree you gave it at the plea hearing.

[00:08:38]That's correct. But I think you have to do it again upon the imposition of the sentence.

[00:08:44]>> All right, she's not eligible for the good time credit of 5 to 15%.

[00:08:49]You'll be released when you serve finish your minimum term sentence unless the Department of Corrections determines that you must remain in prison for bad conduct. The court is not involved in that decision.

[00:08:58]If you're not released when your minimum term ends, you will serve an additional specified period of time and given a new release date.

[00:09:04]Now, after you serve your 2 years, the court will consider a motion for judicial release on the non-mandatory prison time, which means you that this court will then supervise you. So, if you have no violations and you follow the rules of the institution, the court will at least consider you for judicial release. Miss Nicholson, is there anything else?

[00:09:22]>> No, Your Honor.

[00:09:23]>> Miss Tiefenbach?

[00:09:24]>> No, no, sir.

[00:09:25]>> All right, Miss Granny, best of luck to you.

[00:09:27]>> Thank you.

[00:09:27]>> Hope this hope this works.

[00:09:31]>> Yeah, I'm going to talk to you tomorrow.

[00:09:34]I will. I'll talk to you tomorrow.

[00:09:36]It's good to see you. Thank