Judge's Bombshell Ruling Rocks Criminal Court Nashville: "Exceptional Sentence" - mail
Webwhile many of the factors that a judge may consider in imposing an exceptional.
Webthe trial court merged the murder convictions and imposed consecutive sentences of life.
Webif you've been convicted at trial or you've taken a plea agreement in a felony criminal.
Webthe existence of an aggravating factor may support an exceptional sentence.
Webthe facts admitted in his plea, standing alone, supported a maximum.
Webthe supreme court concluded that the defendant’s constitutional rights had been violated because the judge had imposed a sentence greater than the maximum he could have imposed under state law without the challenged factual finding.
Webgenerally, the court cannot reduce mandatory enhancements:
Webboth in his motion for new trial and on appeal to the court of criminal.
Webon direct appeal, the court of criminal appeals affirmed the defendants'.