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After Life Sentence is Reversed, Garland Pleas Murder Case Out To 15 Years With Credit For Some 5 Years 7 Months

Indian River First Degree Murder Attorney

Indian River First Degree Murder Attorney Pleas Murder Case Out To 15 Years

John Edwardson (not his real name) was charged with 1st Degree Murder.  The incident occurred in Indian River County on or about November 10, 2011.

Edwardson went to jury trial in April, 2014 and was found guilty of 1st degree murder with a firearm.  He was sentenced to a mandatory life sentence.  Another lawyer represented Edwardson at that time.

The Fourth District reversed the conviction and sentence on 8/17/16.  The case was remanded to the Indian River Circuit Court for further proceedings.

Indian River County Criminal Attorney Jeffrey H. Garland was appointed to handle this case after remand from the appeal court.  Attorney Garland conducted a thorough investigation into the circumstances of the case.

After full consideration of the evidence, Attorney Garland worked out a plea deal to a reduced charge of Second Degree Murder and a 15 year sentence.  Mr. Edwardson received credit for 1283 days in the Indian River County Jail, as well as all time already served in prison (about 25 months).  The combined credit was approximately 5 years 7 months.

Mr. Edwardson plead out to carrying a firearm (actual possession) and not to discharge.  So the mandatory minimum was 10 years.

The 15 year prison term is to be followed by 5 years probation. However, the entire sentence in the Second Degree Murder case was to run concurrently with an existing 10 year prison sentence out of Brevard County and a separate battery by detainee charge in Indian River County.

There were serious issues regarding the manner of death and the credibility of witnesses.  One thing was for certain:  the victim died of a single gun shot to the back of the head.  However, there were no witnesses to the shooting.  The skeletonized remains were found much later.  The victim was the sort of person who might have angered many people.  So there were several others who had motive, and opportunity, to kill.

At any rate, Mr. Edwardson had already been sentenced to 10 years out of Brevard County.  This plea deal guaranteed that the sentences would run concurrently and that Mr. Edwardson would receive all credit for time served against his Second Degree Murder sentence.  In addition, the plea deal guaranteed that the pending battery on detainee charge would also run concurrent.

Mr. Edwardson had already gone to trial once he been found guilty of First Degree Murder.  He had received the mandatory life sentence.

After having his case reversed for procedural reasons, Mr. Edwardson welcomed the opportunity to resolve this case in a way that he was guaranteed to get him back to his family ASAP.  Mr. Garland exploited the evidence problems to help resolve this case in such a favorable manner.

Help from an Indian River First Degree Murder Attorney

If you are facing felony charges you should speak to experienced Indian River criminal defense lawyer Jeffrey H. Garland as soon as possible. Mr. Garland has more than 40 years of experience defending people against all levels of criminal allegations. Contact us today at 772-489-2200 to request a consultation.