DD Support Board and Research Team

[shajandr]

We'll have to see what is in an appeal brief if any is filed. I would expect the LAST thing he should want would be a jury trial. He then faces trial on all the original charges PLUS he has already clearly admitted his guilt and the facts underlying the crimes in the plea agreement, which would be conclusive evidence against hi on AT LEAST those specific counts.

So, BEST CASE, a jury trial would result in conviction on the counts he has already pleaded to AND his sentence would be much higher. Significantly higher.

That strategy would be a huge mistake.

Plus he is only allowed to appeal the NEGOTIATION of the plea agreement by his counsel, which he would claim was ineffective. Not the sentencing itself, which is done by the court. This is where I think he is very confused.

We can later walk through why the limitation to the NEGOTIATION of the plea agreement will not get him what he wants - which is a resentencing and recalculation of his guidelines level and criminal history zone.