For the first degree murder of Suzanne Seemann, Warren was sentenced 50 years to life but after attorney arguments, and the People's request for life without the possibility of parole, Judge Timothy Cissna is going to look at case law and there could been a change in sentencing for that count to change to life without the possibility of parole.
For the attempted murders od Terri Vroman Little and Jessica Hunt, Warren was sentenced to indeterminate term of life for each count. That means 7 years to life for each attempted murder count.
He was also resentenced for the older case on which he was let out on a Cruz waiver to 9 years and 4 months. It was while he was out on that Cruz waiver that he murdered Dorothy Ulrich and Suzanne Seemann and severely injured Terri Vroman Little and Jessica Hunt.
All terms are to be served consecutively.
Certain restitution issues and the final decision on sentencing for Count 2 will be decided on February 8 at 8:30 a.m. when sentencing will be completed.
The defense motion to strike one of Warren's priors was granted by Judge Cissna, despite his hesitance, after the People did not oppose it since they wanted to avoid an appellate issue and because it would have no practical effect on sentencing.
The defense also got Judge Cissna to change his final decision on five year enhancements on each count because they were not included in the first amended information.
Warren, sat emotionless and silent and was led out of the courtroom in cuffs. He told Judge Cissna he did not wish to make a statement.
Yesterday's post:
Jason Warren's attorney files motion to dismiss prior strike
Jason Warren's sentencing is scheduled for tomorrow morning at 8:30 a.m. in Courtroom 4. A motion hearing is scheduled to hear arguments to dismiss a prior strike according to PC 1385. Warren's attorney, Mr. Glenn Brown, filed the motion on December 29.
From leginfo.ca:
From leginfo.ca:
1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading. (b) This section does not authorize a judge to strike any prior conviction of a serious felony for purposes of enhancement of a sentence under Section 667. (c) (1) If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a). (2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a). 1385.1. Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive.
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