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is this pssible

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kimbe571

Junior Member
im in los angeles,ca
my husband was convicted of a 245 (b) sentense to six years in state prison and they added on a special allegation of a 120225 for the gun itself, adding 3 years to the sentesnce.
is this possible since the gun was a element in the crime itself, 245 (b).
plus the jury arrived at this decision after finding him not guilty of attempted murder or manslaughter. they wrote letters to the judge stating why they arrived at this decision. their answer was, they read his statement the day he was arrested and he stated he had the gun in his hand and walked the victim out the house to make sure he didn't hurt anyone else.this was never brought up during the trial and the judge took 9 years of his life for hearsay. help me understand this. the victim was beating me up and my husband came to my defense.
 


CdwJava

Senior Member
kimbe571 said:
my husband was convicted of a 245 (b) sentense to six years in state prison and they added on a special allegation of a 120225 for the gun itself, adding 3 years to the sentesnce.
is this possible since the gun was a element in the crime itself, 245 (b).
Per PC 12022.5(d):

(d) Notwithstanding the limitation in subdivision (a) relating to
being an element of the offense, the additional term provided by this
section shall be imposed for any violation of Section 245 if a
firearm is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle intentionally at another
person outside of the vehicle with the intent to inflict great bodily
injury or death.


Therefore, the enhancement is specifically allowed for ADW with a firearm (PC 245(b)).

Carl
 
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FrustratedinWI

Guest
Hi, I'm sorry to hear that your husband got a 6 year prison sentence, my fiance just got a 5 year sentence, and it's very hard to go through. There are alot of people on here that don't do much to help by saying some hurtful things. I can't give you any legal advice, but I know where you're coming from in trying to tell people that he was trying to help you, but we know how much the law sucks, and most of the time you can't get any justice. I'm doing the appeal process now, since he was just sentenced 2 and a half days ago. I wish you the best of luck.
 

Shay-Pari'e

Senior Member
FrustratedinWI said:
Hi, I'm sorry to hear that your husband got a 6 year prison sentence, my fiance just got a 5 year sentence, and it's very hard to go through. There are alot of people on here that don't do much to help by saying some hurtful things. I can't give you any legal advice, but I know where you're coming from in trying to tell people that he was trying to help you, but we know how much the law sucks, and most of the time you can't get any justice. I'm doing the appeal process now, since he was just sentenced 2 and a half days ago. I wish you the best of luck.

The person who responded gave the code. You are offering nothing. The law only sucks for criminals, or women with such low self esteem they are waiting for a guy in prison.

I get justice. I get justice by your boyfriend being put away, as does every law abiding citizen in this country.
 
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FrustratedinWI

Guest
Thanks for that wonderful advice you gave. It's nice that you assume we have a low self esteem because we are waiting for our loved ones in prison, especially since we ALL know that the law is always right, and justice is always served, right? If that's what you believe, that's fine. That's ok, I'm not even going to give you the satisfaction of getting me pissed off by that comment, I'll just leave it at that.
 

Shay-Pari'e

Senior Member
FrustratedinWI said:
Thanks for that wonderful advice you gave. It's nice that you assume we have a low self esteem because we are waiting for our loved ones in prison, especially since we ALL know that the law is always right, and justice is always served, right? If that's what you believe, that's fine. That's ok, I'm not even going to give you the satisfaction of getting me pissed off by that comment, I'll just leave it at that.
I think that is a good call.
 

CdwJava

Senior Member
It's interesting how answering the originally posted question:"is this possible since the gun was a element in the crime itself, 245 (b)" can be seen as not being helpful.

Was there another question?

Carl
 
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FrustratedinWI

Guest
You were helpful, and if you think of what I posted as saying that you weren't helpful, I was just referring to "some" other people in these forums. :)
 

Shay-Pari'e

Senior Member
FrustratedinWI said:
You were helpful, and if you think of what I posted as saying that you weren't helpful, I was just referring to "some" other people in these forums. :)
The only person who responded was the one you are thanking. No one posted after that besides you. If you have a beef with "Some" other forum members, you may want to address that post. You seem to be causing problems everywhere you go on this site.
 
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FrustratedinWI

Guest
Speaking of causing trouble, I'm just curious about something. You seem to know your stuff pretty well and could do a lot of good on here, and I didn't come on this website to cause any trouble, I just want to know why you are so scarcastic when answering people's questions. I understand you may have to say things that people don't want to hear, but looking at other posts that you have made, you seem to piss off a lot of people. If you don't want to respond to that, that's fine, I don't believe in name calling, especially if we're all adults here, I just wanna clear this up, since I didn't come here to fight with anyone. You are more than entitled to your opinions, as well am I. Again, I'm just curious if you realize how many people you piss off by the way you try to answer their questions? Also, "some" other people, didn't neccessarily mean just you, there seem to be quite a few people here that don't answer the person's question, but yet mock them somehow and belittle them. I could go on and on, but I'm sure we both have more important things to do than bicker at eachother on a forum.
 

Shay-Pari'e

Senior Member
FrustratedinWI said:
Speaking of causing trouble, I'm just curious about something. You seem to know your stuff pretty well and could do a lot of good on here, and I didn't come on this website to cause any trouble, I just want to know why you are so scarcastic when answering people's questions. I understand you may have to say things that people don't want to hear, but looking at other posts that you have made, you seem to piss off a lot of people. If you don't want to respond to that, that's fine, I don't believe in name calling, especially if we're all adults here, I just wanna clear this up, since I didn't come here to fight with anyone. You are more than entitled to your opinions, as well am I. Again, I'm just curious if you realize how many people you piss off by the way you try to answer their questions? Also, "some" other people, didn't neccessarily mean just you, there seem to be quite a few people here that don't answer the person's question, but yet mock them somehow and belittle them. I could go on and on, but I'm sure we both have more important things to do than bicker at eachother on a forum.
I realize it, and if it saves a child or someone get's smacked in the face with reality, then so be it.

I work, I have a family, and I don't think I cross any boundries on this site. I and many other's are professional's and in my short time on this site I have become jaded.

I will not argue back and forth with a internet personality such as yourself. You chimed into the post after a Police Officer responded with accurate information. If you have nothing to add other than a pat on the back because your boyfriend is in prison, then don't.

There are sight's geared for that purpose, just use your search engine. "Married to a convict" should get you there.

Most people are not living with convicts, and most do not understand how someone stay's.

If I made an impact, fine.
 
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FrustratedinWI

Guest
I was trying to be civil with you and ask you why you post the way you do, you answered that, but what I don't understand is why you have to say things to people to make them feel like complete sh*t. Aren't professionals supposed to act like professionals? A lawyer wouldn't come out and say those things, not unless they wanted a client to seek help elsewhere. If it makes you feel better if I said yes, I'm gonna marry a convict, and maybe I'm stupid for doing so, but that is MY decision to do this, and I do think if you have not been in other people's shoes, you can't judge them on what they do with their life. I was civil to you in my last post, and yet you still had to throw in a jab about me and my life decisions. I don't understand it, or maybe I dont' have to. If you are on here to help people like you say you are, then why don't you just answer the questions that people ask, and leave out the commentary? As far as immaturity levels go, and you will "no longer to respond to me" I don't care, I have tried to make ammends with you and if you want to act like the big "professional" that you are, don't respond to me, and instead try answering people on this website instead of ridiculing them and adding unneccessary comments. That's not professional, but what do I know, I'm gonna be marrying a convict, I guess that makes me less important than you. Oh well. I tried, I guess I won't be hearing from you again.
 

Shay-Pari'e

Senior Member
FrustratedinWI said:
I was trying to be civil with you and ask you why you post the way you do, you answered that, Yes I did.

but what I don't understand is why you have to say things to people to make them feel like complete sh*t. If I or any other person on this forum makes a poster feel that way, then it is probobly a reality check of some sort.

Aren't professionals supposed to act like professionals? When we get paid.

A lawyer wouldn't come out and say those things, not unless they wanted a client to seek help elsewhere. This is the internet.

If it makes you feel better if I said yes, I'm gonna marry a convict, and maybe I'm stupid for doing so, but that is MY decision to do this, and I do think if you have not been in other people's shoes, you can't judge them on what they do with their life. True, but you chimed into a post on this forum with a very clear agenda, after the poster was given the information needed. I don't care who you marry, or if your life sucks, you choose your path in life.



I was civil to you in my last post, and yet you still had to throw in a jab about me and my life decisions. I don't understand it, or maybe I dont' have to. If you are on here to help people like you say you are, then why don't you just answer the questions that people ask, and leave out the commentary? You are the one who chimed in with the commentary.

As far as immaturity levels go, and you will "no longer to respond to me" I don't care, I have tried to make ammends with you and if you want to act like the big "professional" that you are, don't respond to me, and instead try answering people on this website instead of ridiculing them and adding unneccessary comments. You added the comments.

That's not professional, but what do I know, I'm gonna be marrying a convict, I guess that makes me less important than you. No, it does not make you less important than me, again, we all choose our path in life.

Oh well. I tried, I guess I won't be hearing from you again.
You just did, but you are not helping this poster at all with your posting except gearing her towards the same life you intend to have.
 
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FrustratedinWI

Guest
I tell you what, we can agree to disagree on everything we say. We're obviously both very stubborn since we both want the last word. Or hell, at least I do :) But in any event, I guess we just shouldn't talk to eachother anymore. I came on here to ask one question, but you kept me coming back, so you had some effect on me apparently... that or you're the only one that is keeping me occupied tonight since I rarely stay up this late, or I should say early in the morning. Ok well, have a good night, and keep helping these people. If doing what you do works for you and others, more power to you. Far be it for me to judge you and the way you handle posts, since I can't offer legal advice to begin with, so I give you a lot of credit for that. Have a good one.
 

Shay-Pari'e

Senior Member
FrustratedinWI said:
I tell you what, we can agree to disagree on everything we say. We're obviously both very stubborn since we both want the last word. Or hell, at least I do :) Figured that out.\

But in any event, I guess we just shouldn't talk to eachother anymore. I came on here to ask one question, but you kept me coming back, so you had some effect on me apparently... Wrong, you chimed into this thread long befor I.

that or you're the only one that is keeping me occupied tonight since I rarely stay up this late, or I should say early in the morning. ust got sent to Ok well, have a good night, and keep helping these people. If doing what you do works for you and others, more power to you. Far be it for me to judge you and the way you handle posts, since I can't offer legal advice to begin with,

Handling posts? You cant even handle your own life., how is that working for you?
 
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