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Leonard Scott Feuer
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Leonard Feuer’s Answers

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  • MY SON WAS ON 30 MONTHS SIMPLE ROBBERY PROBATION HE VIOLATED WITH NO DRIVER LICENCE WITH STATE DROPPED NOT REPORTING TO PROBATIO

    1 AND POSSESION OF COCAIN HE SCORED 17 MONTHS IN JAIL THE JUDGE GAVE HIM 10 YRS IN PRISON AND SAID HIS REASON WAS NOT FOR THE VIOLATIONS BUT THE USE OF A FIREARM IN A HOUSE HE WAS ORIGANALY CHARGE WITH HOMEINVASION ROBBERY ARM BURGARLY THEY NOLL P...

    Leonard’s Answer

    Typically, a judge may consider any facts related to the charged offense. Exceptions to this are facts not contained in the record, or in the case of a trial, not proven by at least a preponderance of the evidence or facts specifically rejected by a jury. There are some other factors a judge may not consider in fashioning a sentence such as a defendant's protestation of innocence, or the fact that a defendant chose to go to trial.

    If your son was convicted of Robbery, specifying Florida Statute 812.13(2)(c), then your son may have an argument that the judge inappropriately considered your son's possession of a firearm as a factor in his sentencing decision. F.S. 812.13(2)(c) states "If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree."

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