Missed something?
Since when have you been required to file a motion to stack, rather than just arguing for it in punishment, in a multi-count indictment on agg sex of a kid?
July 28, 2011, 09:13
MDK27And the court can do it without you even asking for it.
July 28, 2011, 09:19
troy wit's not required, but file a notice of intent to seek cumulation as a pre-trial motion to avoid this argument from defense counsel
July 28, 2011, 09:32
MDK27I always filed the motion to make sure the crook knew I meant business. I would always tell the defense I intended to do it, but usually got little reaction. When it "came on paper", as defendants like to say, many changed their mind about having a trial.
Had one multiple count sexual assault (3 victims, 3 counts) where the jury only found him guilty for two of the victims. (Third victim was sure it happened in our county before trial. At trial the poor little girl (8) said it happened one county over a few times, but couldn't remember the color of the walls in her bedroom in our county, which is how she remembered the other. She said she didn't want to lie, and while she was pretty sure it happened in our county, she wanted to be fair to the piece of sh*t stepfather!) Jury gave him life on each count, and the judge immediately stacked them. He apologized for "stealing my thunder", but said he had never seen such an evil pervert, and there was no way he wouldn't stack. He was afraid I might forget to ask. God Bless that Judge!
I have gotten them stacked a number of times in the past, but I've never put anything in writing (other than maybe a plea offer to a new lawyer saying "plead to this and I WON'T stack) indicating that I was going to ask to. I saw a reference to a notice on this site and thought a law change had slipped in that I had missed. Thank Yo'all.