Is Marci Kitchen pleading as charged because of a sentence recommendation?

I had some observations about the change of plea and Marci Kitchen pleading as charged. I reached out to an experienced attorney, whose analysis in several cases has been very helpful and insightful.



"Defendants rarely, if ever, plead to the sheet. (Plead to the sheet is pleading as charged.) The reason? If you go to trial and get convicted of everything that is the equivalent of pleading to the sheet. There is no benefit to the Defendant, i.e. it is the worst case scenario for the Defendant."

"The only potential incentive for the Defendant in pleading to the sheet is you are getting a sentence recommendation either from the DA or more frequently from the Court. The DA could say enter a plea by pleading to the sheet but it is very rare that ever happens, because again pleading to the sheet, gives the Court maximum sentencing option. If the DA was mandating a plea to the sheet then the Defendant would want a guarantee of a sentence. That will come either from the DA or more likely the Court."

"What I fear (and I have seen this) is that the Judge gave an indicated sentence that is favorable to the Defense. The DA then says "I don't agree with that at all and they say, heh Court I can't stop you, but I can demand the Defendant plead guilty to everything." I have seen this happen.

"This is sounding like a deal that the DA vehemently disagrees with, because in there mind they had their own idea of what the sentence should be and now they feel the Court is under-cutting them. It is worth noting that the sentence or punishment if you will is the province of the Court. "

"The DA files charges and tries to convict either by plea bargain or by jury the most serious charge that they can. Then it is up to the Court to decide the punishment. DA’s can get miffed if they feel the Court is trying to intervene in that process. One important fact is an indicated is not final once and until the Court sentences the Defendant. "

"Another important fact is the Court is likely making an “indicated” without the benefit of having a probation report, and their input. The Court can still refer it to probation and then read and review the report. I have seen Courts stick with their recommendation or reverse themselves and decline to follow their own recommendation especially when the probation department recommends to the Court that the plea be rejected."

"It would be my sincere hope that the Court does refer to the probation department. The Court has to do that if it intends to place the Defendant on probation. The Court should do that even if it intends to give what is commonly referred to as a Low Term prison sentence. All through this process the DA as the representative of the People can stand up and say, “I don’t agree with this sentence.” We will soon learn if that is the case. Again, I would be surprised if they agree as there is no strategic advantage for a Defendant to plead guilty to everything."

"There is an urban legend that former defense attorneys do not make good pro-Defendant judges because they go out of their way to not look like they are favoring defendants. This will be one of the first major decisions that Judge Kaleb Cockrum is going to make. If he upsets the DA's office then they could challenge him from handling other cases, which is never a good thing for the Courts. Maybe he sentences Marci Kitchen to Low Term prison as well, or probation. One other interesting point, if it is a probation deal, as stated earlier then there really is a requirement to refer to the Probation department. If so, the entry of plea is not a big deal. The sentencing would be, 20 days later."

"If the Court is going out of its way to designate seats for both sides then it is possible it is still a prison term and there will be no referral to probation. Therefore the sentencing could happen immediately at the plea. The Kitchen and Tsarnas families have been through so much. As it appears how this case is finally ending up, this will hardly be a cathartic process for them.”


Recent posts:
https://johnchiv.blogspot.com/2018/08/change-of-plea-scheduled-for-marci.html?m=1

https://johnchiv.blogspot.com/2018/08/this-is-what-marci-kitchen-is-charged.html?m=1

https://johnchiv.blogspot.com/2018/08/if-you-thought-plea-in-marci-kitchen.html?m=1