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.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!
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.
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.
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.
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.
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 Rons 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.
Is it possible that Ron is not honoring his part of the deal and they want to modify the sentence to include the two 25 minimum charges?
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.
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.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
I don't think Ron is being truthful, but that's just an opinion. I see him holding on to every shred of information he has, until he gets what he wants. out.Ohhhhhhh myyyyyyy! One can only hope!
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:
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.
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.