Testimony

KENOSHA COUNTY CIRCUIT COURT

BRANCH 5

(262)653-2508

DATE OF HEARING:  FEBRUARY 2, 2007

1 MR, GRAVELEY:  It's been a consistent offer

2 throughout this case.  The offer has never changed.  That

3 offer was the defendant would have the opportunity to

4 plead to Counts 1 and 2 of the current Information.  The

5 State would move to dismiss but read in all of the

6 remaining charges.

7 THE COURT:  What would the State's position

8 be at sentencing?

9 MR. GRAVELEY:  We would have a free hand.

10 THE COURT:  Mr. Daniels, do you understand

11 the offer the State's made?

12 MR. DANIELS:  Yes, I believe I do.

13 THE COURT:  Okay. "Count 1 is a 'conspiracy""to

14 commit armed robbery.  It's a Class E felony, 15 years

15 maximum imprisonment.  Count 2 is conspiracy to commit"'

16 armed robbery.  That's charged as a Class C which is

17 maximum imprisonment of 40 years.  The balance of the

18 charges here are all conspiracies to commit armed

19 robbery, some with dangerous weapons.  There are other

20 charges.  I haven't added them all up, but I would guess

21 'there's probably well over a hundred years of exposure

22 there that's being dismissed under the State's offer¹.

23 Have you had enough time to consider this offer?

24 MR. DANIELS:  So you're saying that all the

25 other counts come back in balance if I don't accept the

1plea, the whole 256 years?

2 THE COURT:  You've added it up yourself, I see.

3MR. DANIELS:  Yes, sir.

4THE COURT:  If you don't accept the plea, which is your right 5 to do --  I'm not questioning your judgment.  If you decide 6not to accept it, you don't have to accept it, but then we go 7to trial on all 256 years.

8MR. DANIELS:  See, I wasn't --  I didn't

9understand that.  I thought that was all dismissed when I 10waived the preliminary hearing, that other seven counts.

11THE COURT:  No.  You've got a seven-count Information here.  12With that type of exposure, there's a substantial reduction 13here, not that 65 years is a small amount, but on 65 years, 14the maximum period of incarceration on that would be 3jD 15years.  That's the most you could go to jail initially.  16That's the maximum. That's not to say you'd get the maximum, 17but that's the

18maximum.

19MR. DANIELS:  Okay.

20THE COURT:  Do you want more time to talk

21about this?

22MR. DANIELS:  Yes.  I don't mean to waste the

23Court's time, but I would like to speak to my lawyer.

24 THE COURT:  Mr. Daniels, this is a very