Orlando, Fla –
Casey Anthony was just sentenced to 1 year for each of the four convictions, $1,000 fine on each count to run consecutively and to include time previously served.
The defense withdrew its motions for the mistrial immediately before Judge Belvin Perry sentenced Casey Anthony.
She has already spent two years and ten months in jail. Calculating time served, right time and gain time, she could be out by late April. The prosecution filed a motion to attempt to recover investigation and prosecution costs from Casey Anthony. The state made no other requests for sentencing. The defense objected to the matter because the state has not presented an itemization of any costs to the case.
The defense attorney Elizabeth Fryer argued there should only be one conviction of giving false information to law enforcement because each count came from the same interview with the defendant intending to be misleading and Florida case law has established this matter as to be just one criminal act. Hamilton vs. the State of Florida cited in support of the defense argument.
That case confirmed that the defendant had to have time to pause, reflect and form a new criminal intent to be convicted of all four counts of giving false information, which a separate time, place or event. Had to happen to be convicted of four counts and that this amounts to double jeopardy as covered under the U.S. Constitution. It would cover numbers 4, 5 and 6.
The prosecution argued using cases Valdez vs. State of Florida 2009, Anderson vs. State of Florida 2009, that there was a temporal break between each lie and the fact that all four statements made on July 16th are irrelevant, and each was separately intended to give false information. Prosecutor Linda Burdick argued that a crime involving several acts at the same time could be broken up into separate charges and this does not violate double jeopardy, and gave an example of another case involving a shooting, which the act of fire resulted in two convictions, both from the single act of shooting the gun.
The judge agreed with the prosecution calling the charges separate and distinct.
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