Practice question
The law prescribes a felony penalty that includes an afflictive period. A defendant receives a lower actual sentence after application of legally applicable modifying rules. He argues that his personal sentence automatically reclassifies the underlying felony as light. Which is best?
- Article9 classifies by the penalty attached by law; a lower individual sentence does not by itself replace that statutory classification
- Any reduced sentence changes every offense into a light felony
- The defendant may choose the classification
- The judge’s personal description always overrides Article9
- Gravity depends only on whether a fine was paid
Legal references
- RA10951, Section1, amended Article9: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html
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