Posts Tagged ‘Sentence’

An Orange County Superior Court judge has sentenced a 28-year-old male to seven years in prison for a fatal DUI related accident that occurred in early July.

The accident occurred at 12:50am on July 17^th, 2011 when the male driver, Yannis Ismael Galanis, was driving his GMC pickup at high speeds southbound on the I-5 freeway near Disneyland Drive.  After suddenly swerving into a lane, his GMC crashed into another vehicle and continued up a dirt embankment before hitting a concrete barrier; the truck re-entered traffic lanes before coming to a stop on the freeway.  Galanis, whose BAC levels was 0.11 percent, and his passenger Edgar Murillo, were taken to the local hospital where unfortunately, 29-year-old Murillo died hours later.

(more…)

An Orange County man has been sentenced to 20 years and 4 months in prison for a fatal DUI-related accident that he caused last Valentine’s Day.  Gustavo Vega, 24, was driving while under the influence of alcohol on February 14, 2010 when he sped through a red light and crashed into a Toyota Corolla.  The Corolla’s driver sustained minor injuries but unfortunately the passenger, 20-year-old Cara Lee, died at the scene of the accident. According to the Los Angeles Times, Vega fled the scene but was later found by police hiding at a nearby housing complex.

This past Friday, Vega was sentenced at the Orange County Superior Court for murder, felony hit-and-run, driving under the influence and felony possession.  Vega’s blood-alcohol content level during that fatal DUI accident was at .17 percent, more than twice the legal limit.

(more…)

Family and friends of criminal defendants facing a lengthy incarceration in the Orange County jail have found some relief when told that an inmate is likely to only serve 50% of his sentence, with good time and/or work time credits. Someone sentenced to 180 days in jail would only serve an actual 90 days, thanks to emergency legislation earlier this year aimed at combating jail and prison overcrowding. That legislation has, however, come to an end.

On September 29, 2010, Governor Schwarzenegger legislation, effective immediately, which returned credit calculation to the previous system of 2/3 credits. If the crime discussed above were committed after September 29, 2010, the defendant would now serve 120 days of the 180 sentence, with good time/work time credits. Crimes committed before that date (but after the original legislation, reducing the credits) are still subject to 50% credits.

(more…)

I was in Bellflower Superior Court yesterday when a 30-something year old woman was taken into custody for failure to complete her batterer’s treatment program or anger-management classes. The public defender tried earnestly to appeal to the judge’s sympathies, explaining that the girl had suffered a pulmonary embolism and had not been working, so she couldn’t afford to pay for the classes. Yikes! A pulmonary embolism? People die from that! The woman did look healthy, but that certainly seemed like a reasonable excuse for being behind in court-ordered classes. The judge took a moment, flipped through the court file and finally said “if she wants to admit her probation violation, I’ll give her 120 days in jail.” 120 DAYS??? The injustice! How could the judge be so unforgiving? I mentally rallied to the girl’s side, until the judge sighed “counsel- she’s had FIVE years to get these classes done.” The woman took the 120 days.

This scenario is not uncommon. Walk into any Orange County criminal courtroom and you will undoubtedly see either someone with an excuse for having not performed some court-ordered obligation or being taken into custody for not performing some court-ordered obligation. This is a look at the most common (and most frustrating) excuses that judges and lawyers or attorneys hear and an explanation as to why they often fall on deaf ears.

(more…)

The rapper Lil’ Wayne started a one year jail sentence for possession of a deadly weapon yesterday. More precisely, he was convicted in New York for having a loaded gun on his tour bus. (As a side note, his sentencing was delayed twice. Once so that he could have his diamond-studded braces removed [probably a good thing before going into custody] and yet again because of a flood at the Manhattan courthouse.) This plea-bargain was not rash. He presumably had good attorneys and the case was fought for several years. Lil’ Wayne was originally arrested on this charge back in 2007. What is surprising is the severity of the sentence. As an Orange County criminal law attorney or criminal defense lawyer, I have represented numerous defendants charged with possession of a deadly weapon and many of those weapons have been loaded guns. Never have I had a client sentenced to such a lengthy jail term, however.

While it is possible that authorities are intent on making an example of him, it may also be the case that something warranted such a large sentense: Lil’ Wayne’s background or RAP sheet. Prior convictions will ALWAYS increase the penalties for future trangressions. I don’t know if Lil’ Wayne had ever been convicted before, but the fact that he still faces felony weapon and drug charges in Arizona suggests that he is not new to run-ins with the law.

(more…)