Mehndeke

Mehndeke t1_j9v2qmv wrote

Legally speaking, it means that F1 can be sentenced to 20-40. Anything more than 20 (on the bottom end) results in an illegal sentence that'll get the defendant a whole new sentencing hearing to correct.

Like I said, it goes back to the "maximum" time a defendant can be held in custody following a conviction without requiring a parole hearing. Which becomes the low end of the spread. It's weird. An F2 can get 10-20, and an F3 can get 7-14. Misdemeanors do the same thing at 5, 2, and 1.

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Mehndeke t1_j9v15a3 wrote

18 Pa.C.S. § 1103:Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:(1) In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.(2) In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years.(3) In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.

You'll note the lack of 40 in that statute. Not more than = max. The maximum a person can be required to serve in custody, without the right to a parole hearing, is 20 years for a 1st degree felony. That maximum becomes the minimum for a court ordered sentence of 20-40 years, since the minimum has to be, at most, half the maximum.

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It's semantics, ultimately. The difference between a "legal" max and a "commonly understood to be" max. But when the statutory maximum isn't mandatory life in prison, bail is required.

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Mehndeke t1_j9ulpx1 wrote

"Max", as used in PA, just means the highest minimum part of a sentence. And judges have to set both a minimum and maximum, with the minimum being no more than half the maximum. So, 20-40 just means the minimum a defendant has to serve is 20, with parole possible for the next 20 years. A 20-30 year sentence is illegal, while a 15-40 is possible. It's really weird.

And then, if convicted with a 2nd or subsequent 3rd degree murder charge, you get mandatory life!

So, don't kill people. It makes for complicated maths.

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Mehndeke t1_j9u8sul wrote

Unless you're a juvenile who can't get mandatory life in prison if convicted. It's not about the charges, it's about the possible punishment. It's just that the only charges that carry mandatory life are 1) 1st degree murder, 2) 2nd degree murder, or 3) 2+ counts of 3rd degree murder, and only for those over 18 years old.

Juveniles can't be sentenced to mando life. They can get life, but it can't be mandatory.

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Mehndeke t1_j9u8apn wrote

I said it in another comment, but it's the fact that they're juveniles. Juveniles can't get sentenced to a mandatory life sentence. Since the sentence isn't mandatory, they're entitled to bail under PA laws. Bail is only prohibited in cases where mando life is the punishment.

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Mehndeke t1_j9u814w wrote

Bail is required in all cases where the maximum punishment isn't mandatory life without parole.

So, if you're charged with 1st or 2nd degree murder, where the mandatory sentence if convicted is life without parole, you don't get bail.

If you're charged with 3rd degree murder, max 20, or if you're a juvenile, no mandatory life sentence - though you can get life, you are entitled to bail. What that bail is, and whether you can post it, however, are different questions.

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Mehndeke t1_j25hvr4 wrote

I had my homestead exemption disappear when they reassessed my home for tax purposes. Yeah, that got an appeal plus several phone calls, where I was put on hold until I was told by an automated voice to leave a message.

After several weeks, I think, *think* it's worked out. But I'm not paying my tax bill until I see it applied.

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