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mandybear206 · #1 07-16-2009, 09:27 PM

I was checking on some things and noticed another count was added as "2ND DEG MURDER RECLASS INFLICT DEATH DISCH FIREARM" I pulled up the register of actions and it reads as follows....."D 1 07/13/2009583MINUTES: JURY TRIAL 558 STATE FILED AN AMENDED INFORMATION ADDING A NEW COUNT OF SECOND DEGREE MURDER COURT HEARD DEFENDANT'S MOTION TO HAVE COUNTS SEVERED FOR TRIAL PURPOSES. COURT GRANTED MOTION. D 1 07/13/2009594CR/TR NOTICE TO APPEAR 558D 1 07/13/2009605WAIVER OF SPEEDY TRIAL 558P 1 07/13/2009616AMENDED INFORMATION NO CAPIAS 62207/13/20097CR CASE TYPE CHANGE ONLY

What exactly does that mean? Is he being charged with 2nd degree murder or no? How can they sever counts? I'm so confused!

robby340 · #2 07-16-2009, 10:33 PM

Quote:

Originally Posted by mandybear206

I was checking on some things and noticed another count was added as "2ND DEG MURDER RECLASS INFLICT DEATH DISCH FIREARM" I pulled up the register of actions and it reads as follows....."D 1 07/13/2009583MINUTES: JURY TRIAL 558 STATE FILED AN AMENDED INFORMATION ADDING A NEW COUNT OF SECOND DEGREE MURDER COURT HEARD DEFENDANT'S MOTION TO HAVE COUNTS SEVERED FOR TRIAL PURPOSES. COURT GRANTED MOTION. D 1 07/13/2009594CR/TR NOTICE TO APPEAR 558D 1 07/13/2009605WAIVER OF SPEEDY TRIAL 558P 1 07/13/2009616AMENDED INFORMATION NO CAPIAS 62207/13/20097CR CASE TYPE CHANGE ONLY

What exactly does that mean? Is he being charged with 2nd degree murder or no? How can they sever counts? I'm so confused!

Jury ### filed a 2nd degree murder count (that was not filed previously) and is requesting seperate trials for the defendants or is requesting a seperate trial on the murder count...the no capias is no bail, or additional bail on the charge.

Carlos Medina · #3 07-17-2009, 12:02 PM

Yes he is. The reclassified the indictment to include Murder 2nd Degree under the theory that he inflicted death upon another after discharging a gun. When they severed the counts, it means that they will remove the minor charges that where on the indictment and stick with the charge they will concentrate on trying to prove; in this case Murd 2nd degree.