Two of my friends and I robbed a restaurant. When the "victims" in the case took the stand they proceeded to say they felt like the robbery was just a joke because they felt no harm/threat. I have no prior felony convictions. My charges are as follow:
Robbery 1 with 2 gun enhancements
Burglary 1 with 2 gun enhancements
Theft of a firearm X3
Unlawful possession of a firearm in the 2nd degree X3
You were convicted of very serious felonies. The sentencing guidelines clearly define the sentencing range you are facing. Discuss the issue with you attorney, but if convicted with the firearm enhancements, the court has very little flexibility.
Well, you may have just taken away any reasonable doubt appellate issue with your admission. If I were you, I would ask AVVO to have this post deleted. I would also not say another word about your case to anyone but your lawyer.
To answer your question, yes,alleged excessive sentencing issues can be raised on appeal. But I am in no way saying your sentence is excessive, as I do not have all the facts of the case, as well as all the factors in aggravation and mitigation.
This is a question you should be asking the lawyer who defended you at trial. Yes, you can appeal on the basis of an excessive sentence, but you will have to be able to show that the sentence is outside of the allowable range based on a proper analysis of aggravating and mitigating factors. Your defense attorney is in the best position to offer a first opinion on that question. Feel free to get a second opinion, but you should not discuss the details of your case in a public forum like this. An attorney experienced in criminal appeals will give you the best chance of success. If you cannot afford an attorney for the appeal, you can ask the court for a determination of indigency and appointment of an attorney at public expense.
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