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Friday, Oct 31, 2014

Casey Anthony Sentence: Time Already Served Lends to Earlier Release

July 7, 2011|10:29 am

Judge Belvin Perry sentenced Casey Anthony to one year in Orange County jail with a $1000 fine on each count Thursday morning. She had been found guilty on four counts of lying to law enforcement.

All four counts will run consecutive to each other, totaling four years in jail time. However, accounting for the time already served, the judge will give Anthony credit based on her previous jail time and would also take into account gain time (time an inmate earns for good behavior).

Before Judge Perry announced his sentencing, prosecutor Linda Drane Burdick filed a motion asking for investigative costs, which defense attorney Cheney Mason stated he would resolve within 60 days.

The defense also stated this morning that there was a violation of double jeopardy at issue with respect to counts 4 through 7.

Stating that all false statements provided by Anthony were made as one continuous act and that the defendant did not have time to pause and form a new criminal intent, they asked that each of the four counts would be considered as one count.

They asserted that all false statements were provided to Detective Yuri Melich on July 16, 2008.

However, prosecutor Linda Drane Burdick stated that there was a temporal break between each of the lies and that the lies occurred over the course of three separate statements.

“The fact that they were all heard on July 16, 2008 should be of no occurrence. 1 a.m., 4 a.m., and 1 p.m. on July 16, 2008. Each lies are material to issues that were investigated as a result of the lies. Each were intended to mislead law enforcement and send them on a ‘wild goose chase’ [and were] not degree variations of the same crime.”

Judge Perry ruled that counts 4 through 7 were separate acts and stated that the four distinct lies led law enforcement to expend “a great deal of time, energy, and manpower looking for young Caylee Marie Anthony.”

“Just as the jury spoke loud and clear on counts 1, 2, and 3 by verdict, they also spoke loud and clear as to remaining counts 4, 5, 6, and 7,” he stressed.

Casey Anthony, 25, was convicted on Tuesday of four counts of lying to law enforcement. She was found not guilty for first-degree murder, aggravated manslaughter, and aggravated child abuse in regards to the death of her 2-year-old daughter Caylee Anthony.

Based on the time already served by Anthony, which was nearly three years since she was first arrested, Perry estimated that the defendant could be out as early as late July or early August.

Judge Perry would meet with the defense after the court was adjourned to work out the exact credit earned, and determine how much time Anthony had left in prison. An exact date is expected to be released sometime Thursday.

When asked if the defendant wished to appeal, the defense postponed their decision and asked for time to make a choice. Perry gave them 30 days to appeal. Whether defense attorney Cheney Mason and his team will take up the appeal or not is left in question since Casey currently has no funds.

The judge also imposed court costs as well.

Court administrator Karen Levey announced that Perry would not reveal Anthony’s release date in open court, but upon decision of a date, an email would be sent to the media. Levey also said it was unlikely that the defendant would be released today.

Source URL : http://www.christianpost.com/news/casey-anthony-sentence-receives-4-years-possibly-out-as-early-as-july-51950/