Judge Does Not Uphold Joint Recommendation for Sentencing

Yesterday, two Tacoma men were sentenced to 54 months in prison by Clark County Superior Court Judge Suzan Clark for a burglary that occurred on July 17, 2013 in La Center, Washington.

The government and the defense agreed to a joint recommendation of 48 months in prison in exchange for guilty pleas to Burglary in the First Degree an Unlawful Possession of a Firearm.  Burglary in the First Degree is a Class A Felony punishable up to life in prison and a $50,000.00 fine.  However, joint recommendations are not absolute.  The judge does not have to follow anyone’s recommendation as to sentence.  A statement on plea of guilty form includes this caveat to make the defendant aware the court is not bound by the pre-trial agreement also referred to as a “plea bargain”.

The victims in the matter appeared in court on Wednesday and asked the court to sentence the men to the high end of the range — 54 months.  State law permits victims of crimes to make statements to the court at sentencing for felony convictions.  See statute.

The defense attorney for one of the defendant’s said the sentence was unequal because a third accomplice was sentenced to only 36 months in prison.  It is worth, noting the third accomplice received a lower sentence to the extent he had a lower offender score than the party who received 54 months.  The criminal attorney for Burns also indicated his client was more cooperate than the others.

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