Author Topic: Pocketknife burglar loses on appeal  (Read 733 times)

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Offline Dali Llama

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Pocketknife burglar loses on appeal
« on: May 28, 2004, 09:16:13 AM »
Pocketknife burglar loses on appeal
 
 
The Associated Press

May 28, 2004

TALLAHASSEE ยท In a case once considered by the nation's highest court, the state Supreme Court Thursday again rejected the appeal of a burglar who received a life sentence because he had a pocketknife when he broke into an empty restaurant.

The court rejected Clyde Bunkley's claim, just as it had in November 2002.

A year ago the U.S. Supreme Court ordered Florida's high court to take another look at the case after Bunkley, representing himself, appealed his armed burglary conviction. He has claimed Florida law exempts common pocketknives from the definition of a weapon and that he should have been charged with simple burglary.

Armed burglary is a first-degree felony punishable by life in prison; simple burglary is third-degree felony punishable by up to five years.

Bunkley, 47, admits having the pocketknife when he broke into a closed Western Sizzlin' Restaurant in Sarasota in 1986. Bunkley, who had 15 prior convictions, was convicted in 1987 and sentenced to life.

Florida law has long excluded pocketknives from the definition of weapons, but the state Supreme Court didn't interpret the law until 1997.

The state court in 2002 said Bunkley should not benefit retroactively from the decision that common pocketknives are not deadly weapons.

Florida prosecutors have argued it would be difficult to go through old cases involving pocketknives to determine which sentences to change.
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Offline dukkillr

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Pocketknife burglar loses on appeal
« Reply #1 on: May 28, 2004, 09:28:38 AM »
what are we supposed to take from this?

Offline pinduck

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Pocketknife burglar loses on appeal
« Reply #2 on: May 28, 2004, 11:29:49 AM »
Sounds like he got what he deserved.
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Offline Dali Llama

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Pocketknife burglar loses on appeal
« Reply #3 on: May 28, 2004, 12:27:16 PM »
Quote from: dukkillr
what are we supposed to take from this?
...that common pocketknife do constitute weaponry in course of commission of crime in Sunshine State, respond Dali Llama. :-)
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Offline big medicine

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Pocketknife burglar loses on appeal
« Reply #4 on: May 28, 2004, 03:44:41 PM »
Poor idiot, gets to spend the rest of his life in jail. He would have lost his appeal had he broke into my house, The dumb S. brought a knife to a gun fight! :wink:

Offline Dali Llama

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Pocketknife burglar loses on appeal
« Reply #5 on: May 28, 2004, 03:51:31 PM »
Quote from: big medicine
He would have lost his appeal had he broke into my house
:eek:  :shock:  :shock:  :eek:
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Offline dukkillr

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Pocketknife burglar loses on appeal
« Reply #6 on: May 28, 2004, 05:23:04 PM »
but according to the article a pocket knife no longer counts as a weapon, it's just that he committed his crime before they changed the law... that's why i don't understand why we should care... i also have a hard time feeling sorry for someone with 15 prior convictions... i say good, i'm glad he's in jail...

Offline Dali Llama

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Pocketknife burglar loses on appeal
« Reply #7 on: May 29, 2004, 04:36:50 AM »
Quote from: dukkillr
i don't understand why we should care.
Dali Llama say that in grand scheme of things, it probably do be inconsequential whether dukkillr "care" or not. :-)
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Offline Slug-Gunner

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Re: Pocketknife burglar loses on appeal
« Reply #8 on: May 29, 2004, 06:36:24 PM »
Quote from: Dali Llama
Pocketknife burglar loses on appeal
 Bunkley, 47, admits having the pocketknife when he broke into a closed Western Sizzlin' Restaurant in Sarasota in 1986. Bunkley, who had 15 prior convictions, was convicted in 1987 and sentenced to life.


I'm sure the 15 prior convictions were a DEFINATE FACTOR in the "life sentence" sentence, especially if at least TWO or MORE of these convictions were FELONIES. This is something that is not addressed in the article review.

 :roll:  :twisted:  :?
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Offline Dali Llama

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Re: Pocketknife burglar loses on appeal
« Reply #9 on: May 30, 2004, 03:03:03 AM »
Quote from: Slug-Gunner
Quote from: Dali Llama
Pocketknife burglar loses on appeal
 Bunkley, 47, admits having the pocketknife when he broke into a closed Western Sizzlin' Restaurant in Sarasota in 1986. Bunkley, who had 15 prior convictions, was convicted in 1987 and sentenced to life.


I'm sure the 15 prior convictions were a DEFINATE FACTOR in the "life sentence" sentence, especially if at least TWO or MORE of these convictions were FELONIES.
That quite likely be the case, respond Dali Llama.
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