Sometimes you have to do it yourself if you want something done right
Clark County Judge Rastatter was instructed by the Second District Court of Appeals to reduce the sentence he imposed on Jon Watkins for aggravated robbery and kidnapping. Rastatter had imposed maximum, consecutive sentences even though the case involved a first-time offender and the victim suffered no physical harm. On Watkins' first appeal, the Second District decided that the eighteen year sentence was not warranted by the evidence in the record. It remanded the case for re-sentencing.
On remand, Judge Rastatter imposed the same eighteen year sentence because he thought it was the right thing to do. On appeal from that sentence, the Second District Court of Appeals pointed out Code of Judicial Conduct Rule 1.1 which states, "A judge shall comply with the law."
But instead of counting on Rastatter to do his job, the Second District Court of Appeals reduced the sentence from eighteen years to ten years. Good news for Watkins. Read the decision here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
