I have found out I have an illegal sentence. The only effect is that my parol will be terminated as soon as I file an ammended pcra...Excellent news - that sentence was way over the top for the circumstances of the offence. Will the annulment downgrade the side effects? ie make it easier to get on with your life without the blocks the previous one created?RegardsZy
Yes it most certianly does, it removes the sex offender status from the crime. From my investigation what seems to have happened is this.
1. the prosicution motioned for an upgrade from an m2 to an m1
2. near the end of the trial (just prior to closing statementsO the judge said this during a side bar with both the prosicuter and my lawyer.
6 MS. (I removed last name): Yes, and that is still
7 an outstanding issue, but that's for the Court
8 to decide. I made a motion at the beginning,
9 before, I think, right before the 600 Motion to
10 amend the complaint to an M-1.
11 I think you held it under advisement.
12 THE COURT: Any reargument on that?
13 MS. (my lawyer): Your Honor, I would just
14 argue that it was charged as an M-2, should
15 stay as an M-2.
16 THE COURT: All right. I'm going to allow
17 them -- all right. I'm inclined not to give
18 this charge and, first of all, it's at the
19 court's discretion; secondly, it would apply
20 where there's little or no evidence that
21 corroborates the testimony of the victim, and
22 there is evidence here that tends to
23 corroborate his testimony.
24 So, I'm going to deny the Commonwealth's
25 request for the charge.
That is where I discovered that the charge was supposed to be an M2.
The accual sentencing sheet has on the top of it M2 crosssed out and the statement "ammended to M1" next to it. Under that is a signatore line with a mark at the end for the athorizing signator. The line is unsigned.
It seems that somewhere along the way the person who put the informaton into the system erroniusly entered it as M1 where in fact the record shows the the judge denied the states motion to upgrade the charge.
three months later when I went for sentencing WHAM I got blindsided with 11/23 months in jail plus 3 years probation where the guidelines for an m2 called for two years probation only...
also the M2 has no megens law provision (remember I did drag him out by his balls!) but the M1 is mandatory megans law... A major difference and someone screwed up.
I spoke to a lawyer from the ACLU today and they are looking into this. I also spoke to my bankruptcy lawyer and he put me in touch with another civil rights lawyer about this.
Remember that the difference between the two levels of charges is not only about jail time but also my lost ability to earn an income. with an m2 I would not have had any moral turpitude issues and would not have lost my ability to earn an income.
I would not have lost my $379,000.00 home to sheriff sale, I would not have lost my $105,000.00 a year job! My girl friends family would not have pressured her to leave me cause I was a registered sex offender, I would not have been on the local news when a reporter announced I had a page at facebook. None of that would have happened to me.
I would also like to mention that my house is (was) a three story building in center city. The house across the street sold for $610,000.00
were it not for that error I would have receaved a punishment that fit the crime, not this crule and unusual punishment that I have had to endore.