06.21More General Ramblings
A San Jose man has filed a suit after having the third strike law used against him that included his juvenile court proceedings against him in the sentencing. The man identified as Vince Nguyen had admitted in 1999 to committing criminal aggravated assault when he was 16 years old. Then in 2005 he pleaded no contest to felony possession of a gun and received a sentence of 32 months in prison. This is twice the amount of time that would normally be issued, since his juvenile record was used as a strike against him. He really could have used a great San Jose Criminal Attorney you know someone like Ramiro Luis who I think is one of the better ones out there. In a 6-1 ruling the San Jose case overturned the decision that would have excluded juvenile convictions as strikes stating that the findings of guilt are made by a judge and not by jury. The court stated that the use of Nguyen’s juvenile record did not violate his rights to a jury trial that increased his sentence. This guy could have really used a much better attorney from the beginning i think.