An individual who is convicted of possession of an illegal pistol can be sentenced to five years in prison. Allegedly, the petitioner, Bryant Smith, shot his brother when he was in a drug-induced state and fled the police. The police arrested the petitioner and found his gun. The state charged Smith with murder, and a mistrial was declared on that charge. A jury convicted Smith of criminal possession of a pistol and interference with a police officer. Judge Thomas Miano sentenced the petitioner to six years. The petitioner's attorney, Robert Meredith, requested a sentence reduction of six years, execution suspended after two years, because the petitioner has no prior history of violence and his criminal record is minimal. The state's attorney, Ed Narus, objected that the petitioner was in possession of an illegal gun, and his sentence should be affirmed. The petitioner, wrote the Sentence Review Division, "fled from the police and had an illegal gun." The sentence was not inappropriate or disproportionate, and the Sentence Review Division affirmed.

VIEW FULL CASE