Zimmerman could face 25 to life if convicted of manslaughter in Sanford slaying of Trayvon Martin due to enhancers

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Justice for Trayvon: A Search for AnswersTrayvon Martin

NEW SMYRNA BEACH -- I'm no lawyer, but I have extensively covered Florida's criminal and civil courts in Daytona Beach and DeLand as a member of the working press since the mid-1990s, including the appeals and ultimate death sentence execution of serial killer Aileen Wuornos and the civil trial won by Dale Earnhardt's widow in keeping his autopsy photos sealed from the public. With national media outlets predicting a manslaughter charge by the special prosecutor against George Zimmerman in the Sanford gunshot slaying of 17-year-old Trayvon Martin, some experts have said he could get as little as five years if convicted. I disagree.

Florida statutes are clear on manslaughter. Because Trayvon was a minor, that's an enhancer that makes the charge "aggravated manslaughter." And because a firearm was used in the killing, Florida's 10-20-life statute must be applied.

There are other factors that go into a prison sentence under what are called "sentencing guidelines." For example, if Zimmerman has no prior criminal conviction, that weighs in his favor. The maximum sentence for manslaughter is 30 years. But given the victim's minor age and that a gun was used to kill him, the sentence could be 25 years to life.

Circuit judges have little leeway in sentencing a defendant found guilty of a felony crime such as manslaughter. The jury's mission is a verdict of "guilt," but it's the judge who adjudicates the defendant "guilty." The judge could sentence above or below the sentencing guidelines, but that sentence could be appealed by the prosecution or the defense and then reviewed by the appellate court, which could throw out the sentence and order a new sentencing hearing by the circuit judge.

The special prosecutor could even file a charge of second-degree murder, which carries a sentence up to life for conviction at trial. However, that could be construed as over charging because this doesn't appear to be a pre-meditated killing.

It goes without saying that the burden of proof rests with the prosecutor and the accused is presumed innocent unless or until adjudicated guilty at trial.

Zimmerman could avoid a trial by copping a plea, but runs the risk of a maximum sentence by giving up his right to force the state to prove the charges against him "beyond a reasonable doubt."

To make it even more complicated, a judge could decide prior to a case going to a jury that the state's claims don't rise to a criminal level, especially with the stand your ground law. Such a request must be made by the defense and rarely do judges grant such motions.