FULLERTON (CBSLA) — A hit-and-run DUI driver who injured a local college student was sentenced to two years.

The victim and her family wanted a longer sentence but they didn’t get to make a statement in court.

Now the victim, Cal State Fullerton sophomore Jessica Weber, is getting a second chance at justice. On Friday a judge will bring everyone back to court so Weber and her family can have their say.

“Just because most of my injuries healed, or I’m not as broken as I once was, apparently that means that it’s OK for him to get less?,” said Weber.

The 20-year-old is out of her wheelchair now but has lasting effects from her broken arm, hip, pelvis, tailbone and vertebrae.

Weber and her mother Bonnie say that the district attorney told them that Jorge Perez would likely get a four-year sentence and that they’d be able to share the impact the crime had on them. But neither happened.

According to Bonnie Masters-Weber, their constitutional rights for victims under what’s called Marsy’s Law, were violated.

“We just want justice. We truly want to have our constitutional rights acknowledged by the district attorney,” said Masters-Weber.

The district attorney says it’s working to fix the mistake by getting the case back on the judge’s calendar.

Bonnie and her daughter will be in court Friday. According to the DA the prosecutor opposed the judge’s decision to offer Perez a two-year sentence. Jessica’s mother’s statement, they say, was given to the judge during sentencing, but the deputy DA inadvertently failed to notify her so she could be there.

“OCDA prosecutors strive for perfection and this case, we fell short,” the DA’s office said in a statement.

Friday the DA will ask the judge to withdraw the defendant’s guilty plea so he can be re-sentenced to more time in state prison and also to allow Jessica Weber and her mother the chance to speak.

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