Would there be a mandatory-minimum sentence at issue in this case? Discuss why.

Assuming Mayo is found guilty at trial, what would you recommend as an appropriate sentence for Mayo? Please answer this question from both positions of being the prosecutor and the defense attorney representing Mayo. Discuss why and make sure to support your thoughts.

As Mayo’s attorney I would ask for incarceration with lesser time. It is his first offense and he was under the influence of alcohol and probably wasn’t in the best state of mind. Not to mention he felt his life was in danger at the time and was defending himself. As the prosecutor I would move for jail time with a longer sentence. Mayo committed second degree manslaughter with a firearm and took Mr. Scowen’s life without thinking twice about it. While we must look at the history of the offender, we must look at the seriousness of the crime and this was murder.

2) Would there be a mandatory-minimum sentence at issue in this case? Discuss why.

It would depend on what he was charged with. Mayo lived in the state of Texas as stated in week 1 forum 2. Texas is a death penalty state and does quite a bit of them. According to StateLaw.findlaw.com, in the state of Texas a second degree felony such as intoxication manslaughter carries a sentence of between two and twenty years in a state prison and a fine of no more than $10,000. Although it doesn’t seem premeditated, if he is charged with first degree murder minimum would be 5 years in prison.

3) Are there any appealable issue for Mayo’s attorney to file?

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