posted on November 30, 2012 14:59
A State Supreme Court Justice has stayed the five-year prison term of Jacquetta Simmons.
The 27-year-old Batavia woman was convicted of punching a 70-year-old Walmart worker on Christmas Eve of 2011. The decision was based on an appeal of her sentence.
Simmons can be released from prison on either $50,000 cash bail or bond or other security.
District Attorney Lawrence Friedman and Assistant District Attorney Melissa Cianfrini appeared in the chambers of Associate Justice Rose Sconiers (Appellant Division, 4th Department) this afternoon to argue against defense motions in the case, according to our news partner, The Batavian.
The defense has until May 31 to finalize its motion and present its legal briefs. Assuming Simmons makes bail, she could be out of prison until a ruling on the motion is issued.
The three attorneys representing Simmons argue that no other first-time felony offender convicted of assault in the second degree in Genesee County since 2006 has received a prison term.