BENCH PLEA: Client passed out downtown and medics found a firearm in his waistband. client confessed to police after being taken to hospital.
State made an error in charging and didn’t charge the 3 year min man for poss firearm by conv. felon. Attorney immediately set for plea (within a few days of being hired) and pled case to the bench before State could correct its error. Client had significant priors– 6 burglary of conv, 2 grand theft, 1 arson– plus a 2021 MM false report. scored 2 years prison. Argued for downward departure as client was remorseful, clearly unsophisticated. it was “isolated” because all priors (except 2021 MM) were for a single criminal episode where client at age 17 went on a crime spree while on LSD. It had been 8 years. Judge agreed under case law (that provided marginal support for defense argument) as State didn’t fight against Downward departure.

ag + 1 year comm control level II, followed by 1 yr comm control level I, 2 years probation. 100 hours comm service, must work (or 10 applications / month), random drug testing, Do 8 hours comm service/month, drug eval and treatment, NO ALCOHOL.

Good result– client scored prison on points alone (2 years) should have gotten a 3 year min man… no incarceration!