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the court said. “The fact that there is no evidence of threats, force or weapons in the commission of the crime is relevant, but the relevance is obscured in light of the victim’s totally intoxicated condition.” merissa Haney Still, the court said it could find “no error” in Martin considering the girl’s participation as a factor for the lightened sentence. That’s partly because prosecutors failed to provide a transcript of the trial to the appeals court that could have settled contradictory evidence. The appeals court called the record of merissa the case merissa “woefully inadequate” and “thin.” Dist. Atty. Charles Branson said Friday that he couldn’t comment on the decisions, but he noted the appeals were prepared and filed while his predecessor, Christine Kenney, still was in office. Kenney declined comment. In conclusion, the court said in the two cases, “We conclude no reasonable person would have departed from the presumptive sentence to such an extent when considering only the valid departure factors stated within.” |
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