I love you cousin
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Wouldn't Mr. Informant have been convicted of conspiring murder?
Father Time
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Yeah, so are we to believe that Mr. Informant walked up to the cousin and said "Hey, I'm going to kill someone." and then Mr. Informant went to the police and said "Hey, I told this guy I was going to kill someone and he didn't try to stop me."
Wouldn't Mr. Informant have been convicted of conspiring murder?
Wouldn't Mr. Informant have been convicted of conspiring murder?
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Ok, guys. I am on my way to work in about ten minutes. I am going to be riding a Red 2007 Ninja on I-80, east bound from Natomas. I will be doing approximately 95 miles an hour. Don't try to stop me!!!
Ok, you guys are all accomplices now!!! ahahaha!
Ok, you guys are all accomplices now!!! ahahaha!
In Russia, Title Choose You.
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Father Time
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Troll
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Gang affiliation, Paul.
I already said he was not innocent. I should have been more clear in that his level of involvement did not justify the sentence he received.
I'm not trying to prove anyone's innocence here. I just wanted to say that I love my cousin no matter what happens and that I hope one day this will all be over.
Edit- First conviction, he had a squeeky clean record. Possibly even zero traffic offenses.
I already said he was not innocent. I should have been more clear in that his level of involvement did not justify the sentence he received.
I'm not trying to prove anyone's innocence here. I just wanted to say that I love my cousin no matter what happens and that I hope one day this will all be over.
Edit- First conviction, he had a squeeky clean record. Possibly even zero traffic offenses.
Last edited by jvick125; Jun 28, 2008 at 02:48 PM.
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"When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree."
excerpt from PC 182.5
"Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182."
PC 182 (b)
"Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence."
Last edited by TitanSTI; Jun 28, 2008 at 02:23 PM.
Sucks, but he chose his own path. I know of several that got off with a better sentence for much more.
Last edited by pbchief2; Jun 28, 2008 at 02:45 PM. Reason: Less is more.
plays well with others
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excerpt from PC 182(a)
"When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree."
excerpt from PC 182.5
"Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182."
PC 182 (b)
"Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence."
"When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree."
excerpt from PC 182.5
"Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182."
PC 182 (b)
"Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence."
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conspiracy to commit murder = same sentencing at first degree murder. it is the exception with conspiracy sentencing.
gang affiliation makes it easy to link an individual as a conspirator to a crime.
an overt act needs to happen for the conspiracy conviction to happen. for example, saying you are going to kill someone, and then buying a gun to do so is NOT an overt act. taking said gun to the persons house and knocking on the door MIGHT be considered an overt act, thats up to the jury. pointing said gun at the individual and attempting to shoot them, IS an overt act.
so this guy was somehow linked to an attempted murder. it wasnt just talked about.
edit: that really didnt make that any shorter did it? haha.
gang affiliation makes it easy to link an individual as a conspirator to a crime.
an overt act needs to happen for the conspiracy conviction to happen. for example, saying you are going to kill someone, and then buying a gun to do so is NOT an overt act. taking said gun to the persons house and knocking on the door MIGHT be considered an overt act, thats up to the jury. pointing said gun at the individual and attempting to shoot them, IS an overt act.
so this guy was somehow linked to an attempted murder. it wasnt just talked about.
edit: that really didnt make that any shorter did it? haha.
Last edited by TitanSTI; Jun 28, 2008 at 04:13 PM.
