Q: Can you receive More than 6 years for a level 5 felony burglary
PCR was won ... originally charge level 4 burglary 10 yrs + 15 habitual enhancement suspended 3 to probation.... after pcr was successful ... re sentenced to 10 yrs level 5 burglary no time suspended habitual enhancement was vacated ....The Court found aggravation in Defendant's prior criminal history, in that he violated a position of trust with his employer, and in that Defendant absented himself from the trial after jury selection. In mitigation, the Defendant did express a measure of remorse for his actions. The aggravation strongly outweighs the mitigation. This case represents Defendant's seventh cause in which he has received felony convictions. Past efforts at rehabilitation have failed, and Defendant has continued to commit serious crimes which victimize other people. Accordingly, a significant period of incarceration is appropriate and necessary. That is what court said ... so based off this info its at the judges discretion to impose more than 6 yrs ?
A: The sentencing range on a level 5 is 1-6 years so simply for the level 5, no. However, if there are other charges that are being run consecutively or a habitual enhancement then it would be more time than the 6 years.
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