Saturday, March 5, 2011

State v. DeVera update (and a solution to Wisconsin’s fiscal woes)

In The Legal Watchdog’s first post, I wrote about a judge that made up facts out of thin air to justify sending a developmentally disabled, twenty-one-year-old defendant to prison for having a “non-coercive” sexual relationship with his minor girlfriend.  Even the prosecutor had asked for probation, but the judge justified her draconian sentence by citing DeVera’s poor performance while released on bond during the case, and while on probation in a previous case.  What the judge overlooked, however, was that DeVera was never released on bond, nor had he ever been placed on probation.  Therefore, because the judge’s sentence was built on pure fiction, the appellate court “was constrained to reverse and remand for resentencing.”  So what happened next?