Wednesday, April 11, 2007

How Appealling!

Back in January, I had a probation revocation hearing that was just a little strange. Back in 2005, my guy was ordered to serve a year in the jail on a DV case, consecutive to another sentence, and then serve 12 months on probation. He ended up getting out in September of 2006. I haven't done the math, but it looks like he may have gotten out early. In other words, the jail ran the two confinement sentences concurrently instead of consecutively.

My guy reported to probation in September of last year, and even in October, but then got picked up on another case. The prosecutor didn't like that at all, and wanted not only to revoke my guy's 12-month probationary sentence, but have him do the rest of the initial 12-month confinement sentence.

Of course, the Judge agreed with the prosecutor.

Because it was a probation matter, kind of, I had to apply for a discretionary appeal with the Court of Appeals, which surprised me by granting leave. And, today, I sent the brief off. The need to file the brief has always been lurking in the background over the past two weeks, and I'm glad that I've finally moved that off of my plate.

Yeah. And please forgive the cutesiness of the title -- I'm waiting for dinner to finish cooking and am not thinking straight.

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