I was sentenced with ,three ( criminal history score ) points , BUT .THERE SHOULD HAVE ONLY BEEN ONE .( note:this guideline is not the same year.)
The third point is the one ,that made it impossible for the judge to give me a DOWNWARD DEPARTURE.
The shaded area on the grid , is sentencing that , is NOT a prison term . And judges can depart from a box ( the number of months incarcerated )
That point , a CUSTODY POINT , was not valid , For two reasons!
I WAS NOT SUPPOSED TO BE ON PROBATION! But during my sentencing, I heard them say = ” I didn’t know , I was not on probation at the time of my offense,”so the point should be used .Thats not a legal prosecution.
ALSO that point should have been contested , on another fact –
– The law states , that , sentence’s must run concurrently when the more severe one is served first . Mine were run , consecutive, so an extra , CUSTODY POINT WAS USED to sentence me .
My P O said ” I had served the more severe one first ” Proof of a miscarriage of justice!
He is no longer with the Department , retirement, I’ve been told.
NOTE : The second point used was , from a bogus assault conviction AS NOTED IN THE POST = Criminal Counsel
ALSO
THE public defender ( of record ) QUIT ON ME and didn’t represent me =
At my plea , or sentencing –
QUITTING, after, that same public defender , CONVINCED ME =
to plead out !
because “I would get a downward departure, ”
leading to , no prison ,
just a year in the workhouse then probation ”
Some stranger ( hired by the public defense office ) did a real poor job , defending me
, he let the prosecution demonize me , without A WORD IN MY DEFENSE!
The prosecutor used information from 1966 , not legal ! And a lie anyway .
Said that I set an apartment building on fire ! A LIE ! !
I was so emotionally bereft from the start that, mentally , I was incapable of my own defense.
The judge felt forced , to impose, a 67 month sentence . When I thought I would get a year in the workhouse!
NOTE :
I contacted the appeal people , they said first degree arson always requires prison
But my crime , would not have been sentenced or found to be first degree ,
Had I fought the charges , AND HAD ADEQUATE COUNSEL !
My mental state ( after the fact ) was used against me
In essence = the original public defender = BAITED AND SWITCHED me , by = convincing me to plead guilty .
PS : that public defender is now a judge ! Or so I’ve heard .
Note ;
To put St. Paul Minnesota in context
I get sentenced to 1st degree arson 65 months for setting a pile of my own possessions on fire ,
But A gay couple gets into a spat and one of them
Burns down a National monument, the oldest
Ship on the upper Mississippi, a Coast Guard
Ship (that I helped restore)
and it doesn’t even make the news & (I believe )
no charges for that true arsonist!
Glen’s inventory 