THE POINT OF NO RETURN

My favorite albums are framed and hanging on the basement wall of my house. Nostalgia on vinyl, under glass ... relics of a by-gone era. Knowing how little room we have, my wife suggested I select a few favorites, those artistic album covers: Steve Miller Band's Pegasus, Journey's angelic-like Earth, Kansas's ship sailing to The Point of No Return, ELO's UFO, and of course, the Rockets' Rocket.

"Display them," she said, "and sell the rest." And I did.

Lately, I've been tempted to pry the backs off those frames, read the liner notes, and put needle to plastic. It ain't easy just looking at them when my wife's Sanyo stereo system, complete with turntable is nearby.

Luckily, a few years back I discovered twenty or so songs by the Rockets digitized and readily available in cyberspace. Do I feel badly about helping myself? No. Not really. As a high school kid, I bought those albums, T-shirts, and concert tickets. I was (and still am) a Rockets fan. Besides, their music has never been digitally remastered on CD.

I'm not sure my student appreciates David Lee Gilbert's voice like I do. David and he drank and did drugs together. Call it "The Has Been" and "The Never Been" wasting away their days; Two points of light on a wide spectrum of possibilities. One flaming out early; the other serving time in prison.

Currently, my student is fighting a habitual offender label he incurred. He entered a guilty plea to the possession and sale of cocaine in 1988. Ten more years were added to his minimum and maximum out dates for a 3rd degree sex offense that happened in 2000 here in Michigan.

Here's the paperwork the inmate signed regarding the drug charge:

It appearing to the satisfaction of the Court that you are not likely again to engage in a criminal course of conduct, and that the ends of justice and the welfare of society do not require that you should presently be adjudged guilty and suffer the penalty authorized by law ... yada yada yada ... therefore, it is ordered and adjudge that the adjudication of guilt and imposition of sentence are here-by withheld and that you are hereby placed on probation for a period of two years under the supervision of the Florida Department of Corrections and its officers, such supervision to be subject to the provisions of the laws of this State.

And my student's response sent to his attorney regarding his current sentence:

This conviction was used to compute my prior record variables and to enhance my sentence to 2nd degree habitual offender. If this 1988 conviction from Florida isn't supposed to be on my record, then I should have merit to appeal my sentence. I'm hoping that some good can come out of this. If this prior conviction can't be used, it would change my sentencing guidelines considerably.

If I were his lawyer, I'd deal with the realities of the situation. I'd ask: "Were you under the influence of alcohol or drugs at the time of your sex offense?"

I'll bet he was.