Except here.
We have no difficulty in concluding that the trial court, by adjudicating him a felon, penalized Hodges simply for exercising his right to a jury trial. The court expressly and clearly stated as much when it told Hodges during sentencing that had he tendered a plea, an adjudication of guilt would have been withheld, but since Hodges elected not to plead and was later found guilty at trial by the jury, “he of course is being adjudicated guilty.” In other words, had Hodges not elected to proceed to trial, his punishment or sentence would have been less harsh—namely, he would have received a withhold of adjudication of guilt and would not be an adjudicated felon.
Opinion_2025-1998 by Anonymous PbHV4H
Now for our robed readers who will never admit to imposing a trial tax, take a deep breath when you read this. And give the trial judge some credit for at least being honest about what he was doing and why.
Why was Mr. Hodges prosecuted in the first place?! Perhaps if some prosecutorial discretion was used …
ReplyDeleteRUMPOLE. I’m going broke on Nvidia and Meta and Google and Apple I need to sell on Monday.
ReplyDelete:(
Think of this. Can you name me one time - just one -where an event caused the market to drop and it did not recover ? Sell only if it’s an emergency. Jim Cramer started trading for Goldman the Dow was 1000. Now it’s 43,000. It’s the greatest wealth engine ever devised. Stay the course. When people are scared be greedy - Warren Buffett. And he kinda did ok.
ReplyDeleteRump tense times in my household. The Houthi rebels attacked Israel last night and my Houthi gf has been on the phone non stop. Not good.
ReplyDeleteSo I went to Publix yesterday and took advantage of the 2/1 sale of a box of popcorn. If I go today, that discount will not be there. Instead of a trial tax, it is a plea discount. That is why they call it plea bargaining. I understand Double Jeopardy but let's say a defendant is offered a WH and time served, he goes to trial and is acquitted. Is the State justified in asking a judge to vacate the verdict and impose the original sentence. Of course not. You take your chances.
ReplyDeleteSo the Judge's job to evaluate the defendant as a person weighed against the facts of the case isn't what Judges are supposed to do? In your view it's lose and get more because you had the audacity to invoke the constitution and require the Crown to prove the case beyond a reasonable doubt? You are why the legal system is doomed. One of the best judges to serve in the REGJB was Fred Moreno. I once saw him sentence a defendant below the plea offer and below the guidelines in a second degree murder case (back when the guidelines were a reasonable 12-17 for second degree murder) based on the facts of the case and the defendant. But don't worry- I have no expectations DeSantis drones will do anything other than call balls and strikes and be neutral and follow the law unless it benefits the defendant whereupon a more nuanced ruling to avoid the benefits are required. You don't think most judges in the building have some inkling about how politics sunk Wil Thomas's federal nomination because he did his job as he saw fit and didn't sentence the defendant to the max on a DUI manslaughter? The message was sent and received loud and clear, which I am sure makes you very happy.
DeleteIs the unethical pompous chief still “winning at all cost?” Kathy you pick real winners over there don’t you.
ReplyDeleteNice win!
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