California Penal Code 191.5

Judges presiding in cases of DUI in Los Angeles may be more inclined to show clemency when defendants express true remorse for their actions and make a sincere effort to turn their lives around. But they’re less likely to be merciful when a defendant demonstrates that he continues to demonstrate the same behaviors that got him trouble in the first place.

Kenneth Jenkins recently learned that lesson in a Florida courtroom. The Palm Beach Post reported that Jenkins, convicted of causing the deaths of three people in a March 2008 DUI-related accident, asked for a reduction in his 33-year sentence. Circuit Judge Charles Burton denied that request.

Three years after his arrest, Jenkins, now age 33, pleaded guilty to DUI and to driving the wrong way on Interstate 95 near Delray Beach. His black Pontiac GTO caused a series of accidents before it eventually slammed into a 2008 Mercedes, killing three of the vehicle’s four occupants. The case dragged on while Jenkins’ original attorneys tried to determine whether the Mercedes’ driver had also been partly at fault for the accident.

If courts convicted you of a DUI in Los Angeles that caused serious injury and sentenced you to harsh penalties, you’d likely want to explore the possibility of appealing your conviction. But a court in Florida has ruled that one defendant needs to limit his appeal.

March 7, 2012 – West Palm Beach, Florida, U.S. – WEST PALM BEACH – John Goodman looks at potential jurors during the second day of jury selection in his DUI Manslaughter trial Wednesday. (Credit Image: © Lannis Waters/The Palm Beach Post/ZUMAPRESS.com)

In February, Florida’s Fourth District Court of Appeals ruled that attorneys for John Goodman, convicted of DUI manslaughter in 2014, had to keep their appeal down to 100 pages—12 more than they originally filed. Goodman’s lawyers are asking that the appeals court overturn his conviction or at least grant him a new (third) trial.

Miami’s Sun Sentinel reported that attorneys representing the State of Florida had argued that Goodman’s appeal was more than twice the length of the filings that appeals courts usually allowed. They contended that 85 pages should be the maximum number.

Articles Tagged with California Penal Code 191.5

Florida Judge Denies Reduction in 33-Year DUI Sentence

District Court Requires Shorter Appeal in DUI Manslaughter Case