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2023 Miscellaneous notes > PL 70 Volume 1 > Flashcards

PL 70 Volume 1 Flashcards

1
Q

70.00 Sentence of imprisonment for felony

Generally, (except for controlled substance offenses and marihuana offenses) a sentence of imprisonment for a felony shall be an indeterminate sentence (with a maximum and minimum term specified).

A

70.00 Sentence of imprisonment for felony

Generally, (except for controlled substance offenses and marihuana offenses) a sentence of imprisonment for a felony shall be an indeterminate sentence (with a maximum and minimum term specified).

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2
Q

70.00 Sentence of imprisonment for felony

SENTENCES OF IMPRISONMENT FOR FELONIES

The maximum term of an indeterminate sentence shall be at least 3 years and the term shall be fixed as follows:

A felony

A

Life imprisonment

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3
Q

70.00 Sentence of imprisonment for felony

SENTENCES OF IMPRISONMENT FOR FELONIES

The maximum term of an indeterminate sentence shall be at least 3 years and the term shall be fixed as follows:

B felony

A

25 years

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4
Q

70.00 Sentence of imprisonment for felony

SENTENCES OF IMPRISONMENT FOR FELONIES

The maximum term of an indeterminate sentence shall be at least 3 years and the term shall be fixed as follows:

C felony

A

15 years

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5
Q

70.00 Sentence of imprisonment for felony

SENTENCES OF IMPRISONMENT FOR FELONIES

The maximum term of an indeterminate sentence shall be at least 3 years and the term shall be fixed as follows:
D felony

A

7 years

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6
Q

70.00 Sentence of imprisonment for felony

SENTENCES OF IMPRISONMENT FOR FELONIES

The maximum term of an indeterminate sentence shall be at least 3 years and the term shall be fixed as follows:

E felony

A

4 years

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7
Q

70.00 Sentence of imprisonment for felony

Minimum period of imprisonment for felonies under (indeterminate sentence shall be at least 1 year and fixed as follows:

Class A felony

A

term is fixed by court and specified in sentence

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8
Q

70.00 Sentence of imprisonment for felony

Minimum period of imprisonment for felonies under (indeterminate sentence shall be at least 1 year and fixed as follows:

Murder first degree and death sentence not imposed)

A

20-25

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9
Q

70.00 Sentence of imprisonment for felony

Minimum period of imprisonment for felonies under (indeterminate sentence shall be at least 1 year and fixed as follows:

Murder second degree or aggravated murder

A

life imprisonment without parole

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10
Q

70.00 Sentence of imprisonment for felony

Minimum period of imprisonment for felonies under (indeterminate sentence shall be at least 1 year and fixed as follows:

attempted murder first degree or attempted aggravated murder (PL 110 or PL 125.26/7)

A

20-40

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11
Q

70.00 Sentence of imprisonment for felony

Minimum period of imprisonment for felonies under (indeterminate sentence shall be at least 1 year and fixed as follows:

A-ll felony

A

3-8.4

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12
Q

70.00 Sentence of imprisonment for felony

Minimum period of imprisonment for felonies under (indeterminate sentence shall be at least 1 year and fixed as follows:

A-ll felony of predatory sexual assault

A

10-25

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13
Q

70.00 Sentence of imprisonment for felony

Minimum period of imprisonment for felonies under (indeterminate sentence shall be at least 1 year and fixed as follows:

B felony

A

not less than one year nor more than one-third of maximum term imposed.

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14
Q

70.00 Sentence of imprisonment for felony

A person convicted of a class D and E felony who is not a second or persistent felony offender may be sentenced at discretion of court to a definite sentence of__________ or less.

A

one year

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15
Q

70.00 Sentence of imprisonment for felony

A defendant MAY be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree. (If 17 at time of commission, must be sentenced to an indeterminate sentence with a maximum of life imprisonment).

A

70.00 Sentence of imprisonment for felony

A defendant MAY be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree. (If 17 at time of commission, must be sentenced to an indeterminate sentence with a maximum of life imprisonment).

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16
Q

70.00 Sentence of imprisonment for felony

A defendant (at least 18 at commission of crime) MUST be sentenced to life imprisonment without parole upon conviction for the crime of:
1. terrorism (PL 490.25) where offense committed is a class A-l felony
2. criminal possession of a chemical or biological weapon first degree (PL 490.45)
3. criminal use of a chemical or biological weapon first degree (PL 490.55)
(These 3 cases do not preclude sentence of death if deft, is convicted of murder first degree)
Also, 4. murder second degree (PL 125.25, sub 5)
5. aggravated murder (PL 125.26)
6. Generally, if defendant is convicted as a violent felony offender or second felony offender, court must impose a determinate sentence, including a period of post release.
Generally, the court must impose a determinate sentence of imprisonment (and a period of post¬ release supervision) where the person is sentenced as:
1. violent felony offender (PL 70.02)
2. second violent felony offender (PL 70.04)
3. second felony offender on conviction for a violent felony offense (PL 70.06)

A

70.00 Sentence of imprisonment for felony

A defendant (at least 18 at commission of crime) MUST be sentenced to life imprisonment without parole upon conviction for the crime of:
1. terrorism (PL 490.25) where offense committed is a class A-l felony
2. criminal possession of a chemical or biological weapon first degree (PL 490.45)
3. criminal use of a chemical or biological weapon first degree (PL 490.55)
(These 3 cases do not preclude sentence of death if deft, is convicted of murder first degree)
Also, 4. murder second degree (PL 125.25, sub 5)
5. aggravated murder (PL 125.26)
6. Generally, if defendant is convicted as a violent felony offender or second felony offender, court must impose a determinate sentence, including a period of post release.
Generally, the court must impose a determinate sentence of imprisonment (and a period of post¬ release supervision) where the person is sentenced as:
1. violent felony offender (PL 70.02)
2. second violent felony offender (PL 70.04)
3. second felony offender on conviction for a violent felony offense (PL 70.06)

2023 Miscellaneous notes (77 decks)

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