From The Pahrump Valley Times: Timothy Lee Hobbs is no angel.With six felony convictions and at least two misdemeanor domestic batteries on his record, he might just deserve to be where he is — withering away at High Desert State Prison.Hobbs received a stiff 10- to 25-year sentence in 2009 for spitting on his ex-girlfriend during a heated argument at a Pahrump hair salon the year before.The 44-year-old was charged with three crimes: injury to property, a gross misdemeanor; domestic battery, his third such offense and thus a Class C felony; and because of his record, he faced tougher punishment as a habitual criminal.District Judge John Davis instructed the jury in the Hobbs case to consider spitting a battery. They agreed with prosecutors that Hobbs indeed battered his girlfriend when he spit on her. And the judge agreed that Hobbs was a habitual offender and a twice-convicted domestic batterer. The long sentence was passed down in 2009.Hobbs’ attorney, local public defender Harry Kuehn, filed an appeal of the domestic battery charge and the habitual offender enhancement shortly thereafter....
The defense attorney says: Kuehn disagrees, citing his own mound of case law.“Many states have addressed spitting, but have a different definition of battery. It’s not a forceful or violent act, just a disgusting act,” Kuehn said.
The DA says: White said he’s confident his argument that spitting constitutes battery under state law will prevail.“Everyone defines spitting as battery,” he said, referring to the mountain of case law he cites in his answer to Hobbs’ appeal.
http://pvtimes.com/news/state-supremem-court-to-hear-local-appeal/
I'm almost sympathetic to the thug. Spitting is disgusting, but worth 10-25 years in prison? What would he have gotten if had actually hit the woman? If he actually injured her? Spitting cheapens a battery charge.
Shoot, a guy got 10 years for killing two people, including a police officer just got ten years.
http://hosted.ap.org/dynamic/stories/W/WI_FATAL_SHOOTING_JEFFERSON_WIOL-?SITE=WIMAR&SECTION=STATE&TEMPLATE=DEFAULT
This thug is a pathetic human being and should be kept away from women. But not this way. Jail time yes, but not 10-25 years for spitting which did not cause injury and could have been wiped off by a Kleenex.
But here's some dating advice for women: If a guy has 6 felony convictions, it is probably best not to date them. (probably the same advice goes to a man)
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