Results 1 to 6 of 6
  1. #1
    Join Date
    Sep 2018
    Posts
    1

    Default Evidence of Prior Convictions for Use at Sentencing

    My question involves criminal law for the state of: Pennsylvania

    At the time of my family member sentence the judge ask the United States Attorney "Did anyone testify to his prior drug conviction?" The United States Attorney answered "Yes, someone did testify to the prior drug conviction". We have the lady's testimony to show that she never testified that my family member had a prior drug conviction. She only testified to a finger print card to show that it was family member finger prints that matched the finger prints on the gun. The pior drug conviction added an extra 10 years to the sentence.
    Any advice here will be helpful.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,525

    Default Re: Advice with Pior Conviction

    Not really sure what you're asking. Whether or not testimony about the criminal's prior conviction occurred during the guilt phase of the trial, that prior conviction can be used to enhance the sentence. Your family member should address any concerns he has to his defense attorney.

  3. #3
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Advice with Pior Conviction

    Testimony is not necessary to establish the fact that the defendant has a prior conviction. That's in his criminal history and the prosecutor and judge would know that.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Evidence of Prior Convictions for Use at Sentencing

    If there was in fact a problem with the sentencing procedure, such that a proper foundation was not laid for the sentence that was issued, the defendant may be able to petition for resentencing. But in a case like the one you describe, that will typically simply mean that the sentencing court completes the record and leaves the sentence in place.

    The defendant should consult the criminal defense lawyer who represented him at the sentencing hearing about whether an error occurred and, if so, what options are available and whether they are likely to affect the sentence.

  5. #5
    Join Date
    Jun 2017
    Location
    California
    Posts
    412

    Default Re: Evidence of Prior Convictions for Use at Sentencing

    Prior convictions the enhance the sentence must be pled, proven and found true by the jury. U.S. v. Booker (2005) 543 U.S. 220

  6. #6
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Evidence of Prior Convictions for Use at Sentencing

    Quote Quoting LegalWriter
    View Post
    Prior convictions the enhance the sentence must be pled, proven and found true by the jury. U.S. v. Booker (2005) 543 U.S. 220
    That isn’t quite what was stated in that opinion. There are multiple reasons for the actions you have stated to be required that you have not stated

    1. Sponsored Links
       

Similar Threads

  1. Sentencing: How Will Prior Convictions and New Criminal Charges Affect Sentencing
    By Kallielynndevil in forum Criminal Procedure
    Replies: 2
    Last Post: 09-01-2017, 07:50 AM
  2. Weapons Offenses: Prior Gun Convictions and D.C. vs. Heller
    By unlucky102 in forum Criminal Charges
    Replies: 7
    Last Post: 09-30-2009, 01:31 PM
  3. Naturalization: N400 Prior Convictions
    By sbaker25 in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 04-15-2009, 07:07 AM
  4. Sentencing: Sentencing For Batterer With Prior Convictions
    By hotmawmaof2 in forum Criminal Procedure
    Replies: 1
    Last Post: 01-20-2007, 10:42 AM
  5. Application: Prior Convictions and Job Application
    By VictorRosta in forum Employment and Labor
    Replies: 7
    Last Post: 02-04-2006, 01:30 PM
 
 
Sponsored Links

Legal Help, Information and Resources