re: "It was late & dark out, many distances would have made it impossible to make a positive identification even in daylight."
See? Again, you are challenging the TRIAL. Not the punishment. You're bobbing and weaving, clo.
Is it the trial, or the punishment you disagree with?
Are you arguing now that convictions should not be based on what eye witnesses have to say?

Gold is $1,581/oz today. When it hits $2,000, it will be up 26.5%. Let's see how long that takes. - De 3/11/2013 - ANSWER: 7 Years, 5 Months