Ronald Cummings, drug trafficking charges

New Posts

LOL, I would love to see a higher court negate the sentences for lack of jursdiction...and then go on to negate the plea agreement at the same time!
 
From the Florida Constitution, Article IV, Section 4(b):

The attorney general shall be the chief state legal officer. There is created in the office of the attorney general the position of statewide prosecutor. The statewide prosecutor shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws occurring or having occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. The statewide prosecutor shall be appointed by the attorney general from not less than three persons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law.
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A4S04

This is cited incorrectly in the first paragraph under "Argument" in Ron's motion as Section IV 4(c) of the "Florida construction".

 
Lanie, I just read the case you cited above. Reading legalese makes me crazy but if I go slow I can usually digest it all correctly. What I got from that cited case is that if there is no jurisdiction, everything the statewide attorney did would have no merit. The convictions would be tossed as well as the sentences. And...so would the plea agreement! At least, that's my take on it..it did say everything.

Ron might find himself in court on the two charges he got dropped if they were dropped by a prosecutor that had no legal jurisdiction to drop them.

If so, likely Ron would not plead guilty this time, but would go to trial. I hope he has not forgotten about those pesky videotapes.
 
krkrjx said:
LOL, I would love to see a higher court negate the sentences for lack of jursdiction...and then go on to negate the plea agreement at the same time!
Click to expand...
If the sentence is declared null and void, the plea agreement goes with it. If the OSP lacked the authority to prosecute the case, he certainly didn't have the authority to enter into a plea agreement with the defendant.
 
krkrjx said:
Lanie, I just read the case you cited above. Reading legalese makes me crazy but if I go slow I can usually digest it all correctly. What I got from that cited case is that if there is no jurisdiction, everything the statewide attorney did would have no merit. The convictions would be tossed as well as the sentences. And...so would the plea agreement! At least, that's my take on it..it did say everything.

Ron might find himself in court on the two charges he got dropped if they were dropped by a prosecutor that had no legal jurisdiction to drop them.

If so, likely Ron would not plead guilty this time, but would go to trial. I hope he has not forgotten about those pesky videotapes.
Click to expand...

I got the same thing from it, and I've also been looking up a lot of stuff. I haven't found anything with exactly these circumstances, but I have found some things that seem to say if a defendent wins a motion to dismiss on a 'technicality' after a plea bargain, double jeopardy doesn't seem to apply, so the case can be retried.

All the above my non-attorney opinion only, fwiw.
 
bessie said:
If the sentence is declared null and void, the plea agreement goes with it. If the OSP lacked the authority to prosecute the case, he certainly didn't have the authority to enter into a plea agreement with the defendant.
Click to expand...

This might explain why Shoemaker did not file the Motion on Ron's behalf; he did not want to risk nullifying the plea deal.

I am not sure this Motion will matter much in the long run. I doubt RC or any of the group will stay in prison for the duration of their sentences.
 
krkrjx said:
This might explain why Shoemaker did not file the Motion on Ron's behalf; he did not want to risk nullifying the plea deal.

I am not sure this Motion will matter much in the long run. I doubt RC or any of the group will stay in prison for the duration of their sentences.
Click to expand...

Well, I have no doubts if they get out, they will all just find themselves back in anyways. None of them are probation material, and none of them will ever be able to avoid the law or follow it, so however it turns out, I really dont care.
 
grandmaj said:
You know the old saying be careful what you ask for. So just say they have to retry Ron. Away goes his deal. Away goes any "poor me" sympathy he might have garnered. He is going to really upset the apple cart.

Ron has lost the things he lived for. Manipulation, women, drugs and being able to get what he wants in life, using his fists, his guns and his family to back up his ways.

He won't get away with this scott free. He will pay a dear price for entering a plea deal, with special considerations "a deal", and now reneging on his word. This is going to set off a firestorm IMO.

I believe out of all of the Players Ron is having the most difficult time with facing 15 years behind bars. He doesn't like being stopped, told what to do. and not being able to do what he wants to do forcing his way and his will onto others.
Click to expand...

WOW, Grandmaj, you described RC perfectly. Actually, I have never heard a better description! I know he was involved (somehow.) His actions, upon coming home were so scripted that I wanted to throw up! Thank you for your post!
 
It is my opinion that Ronald Cummings could come to regret the filing of this motion.

The filing of a collateral attack by Mr. Cummings on the sentence from his negotiated plea agreement could be grounds for the State to rethink their initial willingness to offer such generous terms.

First, the State could claim that the Motion in itself constitutes a substantial breach of his plea agreement, therefore rendering it null and void. He could then face 30 years.

Alternatively, the State could simply press the "Easy Button", and stipulate (agree) that Ron’s motion be granted. The court would then nullify the prior sentence pursuant to the plea agreement, and the State would be granted a “redo” – a Mulligan so to speak. Ron could be resentenced entirely, being forced to deal with an ASA who probably would not be so willing to give him the break he got the first go round.
 
Concerned Papa said:
It is my opinion that Ronald Cummings could come to regret the filing of this motion.

The filing of a collateral attack by Mr. Cummings on the sentence from his negotiated plea agreement could be grounds for the State to rethink their initial willingness to offer such generous terms.

First, the State could claim that the Motion in itself constitutes a substantial breach of his plea agreement, therefore rendering it null and void. He could then face 30 years.

Alternatively, the State could simply press the "Easy Button", and stipulate (agree) that Ron’s motion be granted. The court would then nullify the prior sentence pursuant to the plea agreement, and the State would be granted a “redo” – a Mulligan so to speak. Ron could be resentenced entirely, being forced to deal with an ASA who probably would not be so willing to give him the break he got the first go round.
Click to expand...

I believe you are exactly right. This is a pot Ron should not have put a stick in.

If I remember right there were several charges that were dropped under the agreement.
 
The saying "Be Careful What You Wish For" comes to mind.

Now that I have his address I can send him a note.

Ronald,

Be careful what you wish for because if you get it it may not be what you want.

Sincerely, twall

Nah, I changed my mind, he's not worth the stamp it would take to mail it to FL.
 
Nonni Brenda said:
If he has been this delligent about all his other cases, I can see why he had never spent time in jail before all this! Unbelievable if this works for him. He may have had this planned back when he made the agreement, and was just waiting for Misty's final sentencing before springing it on...whoever.:waitasec:
So if the plea agreement is nullified, what will happen next? Will he have to be tried/sentenced? Very confusing.
Click to expand...

I have always had a feeling that Ronald Cummings was not going to be in prison for very long and your comment above about Ronald maybe having planned this move prior to making the plea agreement could very well be just what he was thinking. Remember, Teresa warned us, I mean told us that Ronald was a very intelligent man..........:floorlaugh: If Ronald stays in prison long enough he may very well get himself a Law degree before he is freed............:great:
 
Emma Peel said:
I found a reference that these motions can also be filed when the govt. did not keep up it's end of a plea bargain... FWIW.

http://www.ccdla.com/files/Motion%20to%20Correct%20Illegal%20Sentence.pdf
Click to expand...
this is what I'm thinking it is, because it gives him a little leeway. I don't know how much proof he'd have, but maybe they offered him a lesser sentence for certain information? or maybe, he's looking at Tommy, the 'suspect', with the same 15, as himself..& sees the unfairness? IDK, but if it was a ploy by LE to get Misty to rat out Ron, I don't see that it worked. Honestly, if LE suspects Ron, they're going about it in the wrong way. Sorry to ramble...didn't mean to hijack your post. just thinking out loud.
 
ok, I've worked my way through the thread, & see things a little clearer. maybe this will work, maybe it won't. Either Ron is getting real bored, or he's getting antsy about keeping up his end of the bargain. I still haven't heard him or Shoemaker defer to the bus stop witnesses, who saw Misty, not him, pick up Haleigh.
 
lonetraveler said:
I have always had a feeling that Ronald Cummings was not going to be in prison for very long and your comment above about Ronald maybe having planned this move prior to making the plea agreement could very well be just what he was thinking. Remember, Teresa warned us, I mean told us that Ronald was a very intelligent man..........:floorlaugh: If Ronald stays in prison long enough he may very well get himself a Law degree before he is freed............:great:
Click to expand...

Thanks for the best laugh of the day!!!
 
dodie20 said:
this is what I'm thinking it is, because it gives him a little leeway. I don't know how much proof he'd have, but maybe they offered him a lesser sentence for certain information? or maybe, he's looking at Tommy, the 'suspect', with the same 15, as himself..& sees the unfairness? IDK, but if it was a ploy by LE to get Misty to rat out Ron, I don't see that it worked. Honestly, if LE suspects Ron, they're going about it in the wrong way. Sorry to ramble...didn't mean to hijack your post. just thinking out loud.
Click to expand...

BBM: I totally agree with your ramble, LOL. I can't help but think that if LE had named Teresa the "key" and found a way to put her behind bars until she talked, that this case would have been solved and going to trial a long time ago. I think we would have heard a confession early in the case if Neves was jailed instead of Misty. JMO.
 
lonetraveler said:
BBM: I totally agree with your ramble, LOL. I can't help but think that if LE had named Teresa the "key" and found a way to put her behind bars until she talked, that this case would have been solved and going to trial a long time ago. I think we would have heard a confession early in the case if Neves was jailed instead of Misty. JMO.
Click to expand...

I agree with this! I think the two people Misty is talking about is Annette and Teresa, because they helped. jmo
 
You must log in or register to reply here.

DNASolves

Who is Escambia County John Doe (1989)?

Staff online

Members online

... and 225 more.
Total: 4,351 (members: 226, guests: 4,125)

Online statistics

Members online
226
Guests online
4,125
Total visitors
4,351
Totals may include hidden visitors.

Forum statistics

Threads
591,649
Messages
17,956,959
Members
228,576
Latest member
Pandamom76
Back
Top