Dunn will get out of prison, and sooner than you think

[alcibiades_mystery]

The general consensus around here is that Michael Dunn will be sentenced to 20 years on each attempted murder 2 count, and 15 on the missile count, and those will all run consecutively, ta da: 75 years, a de facto life sentence.

I don't think so.

The sentences will be in that area, but they will almost certainly run concurrently. They are separate charges, but there's a good case to be made that they are a single act, or multiple acts so close in time as to function as a single act (i.e., no opportunity for reflection between acts). This will be the argument for concurrent sentences, and it will be approved. So, Dunn will be sentenced to around 20 years for all four convictions. With Florida's fairly generous time credit system and time served, that 20 years sentence time will translate to between 8-12 years real time. I'd say closer to 8, maybe 9 years.

That's why the prosecutors are insistent that they will retry the Jordan Davis charge. And this time, Dunn will plea to it - probably at manslaughter. His lawyers will tell him that he's going to be serving the time anyway - he may as well get credit on the manslaughter charge. He'll get 18 years on that charge, concurrent again, and it will keep him in another 3-4 years through some arrangement. So, Michael Dunn will be out of prison even if he subsequently pleads out on the Davis charge.

I'd say 12-14 years at the high end.

[Squinch]

1. For me, at this point, the most important thing is that he gets convicted for murdering that child.

It's about acknowledging the value of Jordan Davis's life, and the lives of all these children that are being gunned down for doing things that teens do. Like walking. And listening to loud music.

I know the time he'll get is not what I want. But that is secondary.

[avebury]

2. I thought that I read somewhere that the Judge has a

history of tending to hand out consecutive sentences not concurrent ones.

[Bluenorthwest]

3. Concurrent or consecutive is up to the Judge, entirely

So unless you are the judge, you don't know what will happen. It is that simple. Your language 'it will be approved' is passive what you need to say is that you think the Judge will declare his sentence to be served concurrently. I do not know any better than you do, but my hunch is the opposite of yours.

[rocktivity]

4. Florida law prohibits concurrent sentences when when a gun is involved

Last edited Sat Aug 29, 2020, 04:32 PM - Edit history (9)

I think that's the reason why the jury saw it as the "solution" to their not being able to agree on the murder charge:

...(T)hey deadlocked on whether Dunn murdered Jordan Davis, 17, when he shot at the SUV. Three of the nine bullets that hit the car struck Davis, who was in the rear passenger seat. The gunfire missed the other teens.

After almost 32 hours of deliberations over four days...(the)...jury convicted Dunn on three counts of second-degree attempted murder...Assistant State Attorney Erin Wolfson said each count carries a 20-year minimum mandatory sentence. These sentences must run consecutively, said...(a)...spokeswoman for the State Attorney's Office.

Jurors also convicted Dunn, 47, of shooting or throwing a deadly missile. This felony is punishable by up to 15 years in prison... (link)

If that's correct, Dunn might be able to cut his 60-year minimum in half with a plea deal on the murder charge (the prosecution has the ability to waive the mandatory minimum). I don't think manslaughter would work since the jury convicted him of attempting to murder the others.


rocktivity

[H2O Man]

5. f you were familiar

with Florida laws on crimes with guns, you would not have posted this.

[BlueStreak]

6. Exactly. I have no idea why anybody was ever suggesting otherwise

You have described exactly how the system normally works. And 14 is way high side if they don't get a murder conviction. Dunn could be out in well under 10 years with good behavior. After all, we need to free up prison space for more black kids that are smoking some pot.

The only consolation is that Dunn might have to be kept in solitary because I can't see him surviving around other prisoners.

[Lurks Often]

7. Wrong, Florida law is very specific

See post 4 for explanation of why Dunn will service his sentences consecutively.

Additionally Dunn will have to serve no less then 85% of the sentence per Florida law:

http://www.justicepolicy.org/uploads/justicepolicy/documents/florida-reform-not-privatization-fact-sheet-updated.pdf

So assuming a minimum sentence of 20 years for each count of attempted murder and 15 years for shooting at the vehicle, which is 75 years, if he serves the minimum of 85% of that time, he will spend the next 63 years and 9 months in prison, excluding any credit he gets for the time he has already spent behind bars while awaiting trial.

On edit: Dunn will die in prison UNLESS Florida finds the mandatory minimum unlawful and applies it retroactively. There is at least one case that has been working it's way through the judicial system prior to the Dunn case. Personally I don't see the mandatory minimum law being struck down.

[Lex]

8. Thanks for some actual facts. nt