my husband was just convicted on a 15 yr old charge for aggravated drug trafficking and sentenced to 6-15 yrs with no prior felony or subsequent one. I am trying to see if he can appeal and be eligible for judicial release concurrently?
Based on your question, and the questions of many others, there seems to be a popular misconception that someone needs a prior felony conviction before they deserve jail time. By designation, felonies are serious crimes...otherwise they would be called misdemeanors. And to my knowledge, no state or federal law provides a "free pass" for someone's first felony. Whether you can appeal would require a review of the record leading to his conviction; there may have been errors of law or other arguments that may be successfully argued on appeal. However, you have not provided sufficient information to give you an opinion as to the likelihood of reversal on appeal.
