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I haven't gone back to review the details of the case... but where is it that the judge had agreed to the 90-day sentence? Aren't plea bargains made between the prosecution and defense and then submitted to the judge as a fait-accompli, with the explicit understanding that the agreed upon sentence is not binding on the judge as arbiter of the case?
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The secret to great marksmanship is deciding what the target was AFTER you've shot.
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