Legal needed- plea and sentencing seems odd. 3rd striker or 2nd.

[Tp122591]

I would love if one of the legal eagles out there could help me understand the plea information and sentencing information below. I thought this was an easy one but the more I read, the more this doesnt look right. I have added some background information at the bottom to help.
Informal Charges
Count Charge Severity Description Violation Date Plea Status
1. *. F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
2 * F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
3. *. F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
4*PC 245(A)(1)* F* ASSAULT WITH DEADLY WEAPON NOT FIREARM OR FORCE:GBI LIKELY* 12/19/2002* GUILTY* CONVICTED*
5* * F*. Xxxxx 12/19/2002 NOT GUILTY* DISMISSED*


Other Charges
Count
Charge
Severity
Description
Violation Date
Plea
Status
999*
PC 273.5(E)*
F*
PRIOR CORPORAL INJURY WITHIN 7YEARS*
12/19/2002*
*
*
999*
PC 1170.12(A)-(D)*
Z*
ALLEGED PRIOR/STRIKE*
12/19/2002*
*
*
999*
PC 1170.12(A)-(D)*
Z*
ALLEGED PRIOR/STRIKE*
12/19/2002*
*
*
*
Minutes
*
-
PLEA INFORMATION
COURT AMENDS INFORMATION BY INTERLINEATION AS TO
COUNT #4 TO READ AS FOLLOWS:
"ON OR ABOUT DECEMBER 19 2002 IN THE ABOVE NAMED
JUDICIAL DISTRICT THE CRIME OF ASSAULT BY MEANS
LIKELY TO PRODUCE GBI IN VIOLATION OF PENAL CODE
SECTION 245(A)(1) A FELONY WAS COMMITTED BY XXXX
XXX WHO DID WILLFULLY AND UNLAWFULLY
COMMIT AN ASSAULT UPON XXXXX* BY
MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY
INJURY."
WAIVES ANY DEFECTS.
-
DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AND ENTERS A PLEA OF GUILTY AS TO COUNT(S) 4.
DEFENDANT ADMITS PRIOR/STRIKE.
ON MOTION OF PEOPLE, PURSUANT TO PLEA BARGAIN, COUNT 1 2 3 5 ORDERED DISMISSED; REASON: 1385 PC
THE COURT, AFTER READVISEMENT OF EACH OF THESE RIGHTS, FINDS THAT THE DEFENDANT UNDERSTANDS THE CHARGE(S), THE POSSIBLE
PENALTIES, RIGHT AGAINST SELF-INCRIMINATION, TO CONFRONT AND CROSS EXAMINE WITNESSES, TO A PUBLIC AND SPEEDY TRIAL, TO JURY
TRIAL, TO HAVE AN ATTORNEY PRESENT AT ALL STAGES OF THE PROCEEDINGS AND TO THE PUBLIC DEFENDER IF INDIGENT AND TO THE
COMPULSORY PROCESS OF THE COURT TO SUBPOENA WITNESSES.
DECLARATION BY DEFENDANT FORM FILED.
SEE FINDINGS IN FILE.
COURT FINDS COMPLIANCE WITH BOYKIN AND TAHL RULES.
COURT FINDS THE PLEA IS BASED ON FACT AND/OR PLEA BARGAIN.
COUNSEL STIPULATE COURT MAY READ AND CONSIDER PRELIMINARY HEARING TRANSCRIPTS.
-
DEFENDANT WAIVES PROBATION REFERRAL.
DEFENDANT REQUESTS IMMEDIATE SENTENCING.
PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS:
DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
-
FINDINGS/ADVISALS:
PURSUANT TO SECTION 13202B, VEHICLE CODE, THE COURT FINDS A MOTOR VEHICLE WAS NOT USED IN THE COMMISSION OF THE OFFENSE.
COURT FINDS DEFENDANT IS NOT ABLE TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
COURT FINDS THAT THE DEFENDANT IS NOT LIABLE FOR PAYMENT OF BOOKING FEES.
REST FINE OF $200.00 PURSUANT TO 1202.4 PC
PAYABLE TO REST FUND TO BE COLLECTED BY DOC.
REST FINE OF $200.00 PURSUANT TO 1202.45 PC
STAYED PENDING SUCCESSFUL COMPLETION OF PAROLE.
-
SENTENCING INFORMATION
SENTENCED PER PC1170.12(C)(1) / 667(E)(1)
AS TO COUNT 4 THE COURT IMPOSES THE INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
PRINCIPAL COUNT DEEMED COUNT # 4.
SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
CREDIT FOR TIME SERVED ( 232 ACTUAL + 0 CONDUCT) FOR A TOTAL OF 232 DAYS.
COURT FULLY ADVISES DEFENDANT OF PAROLE RIGHTS.
WAIVES APPEAL RIGHTS
PROBATION OFFICE NOTIFIED.
CUSTODY STATUS
CASE CUSTODY - STATE PRISON
DEFENDANT REMANDED TO THE CUSTODY OF THE SHERIFF TO BE DELIVERED TO CALIFORNIA DEPARTMENT OF CORRECTIONS AT CHINO
============= MINUTE ORDER END ================
*
*
Okay so here are my questions. When I look at the sentencing isn't a pc1170.12 c 1/667 e 1 when only 1 prior strikes being alleged and you get double time basically? If this was sentenced per 2 previous strikeswouldnt it be pc 1170.12 c 2/667 e 2?
Then it says on count 4 sentenced to indeterminate sentence of 25 to life, then it goes to say principal count #4 sentenced to indeterminate sentence of 25 to life. Why is it here twice? Wouldn't a principal count imply more than 1? Since the others were dismissed by prosecutor pursuant to plea bargain there is no principal, just one count?
Sorry I have a lot of sentencing questions but if this is a second strike then a 245 a 1 should be 4 years max doubled to 8 at 85%, also that this isn't a serious felony and doesn't even count as a strike per pc 245 a 1 and ab1026 which talks about breaking 245 a1 in sections and the existing law.
Some background in regards to the "other charges" listed above. The pc 273.5 was in oc court in 1995, he got 4 years and did three, this is not defined as a serious or violent felony so this isn't one of the strikes. In 1995 he had 2 prior serious and or violent strikes, 1 in 1981 and another in 1987. So really in 1995 he should of gotten struck out but his pd struck a strikes that the one from 1981 wasn't counted or it was stricken. So if that is the case, since his felony In 95 wasn't serious, and the violent felony in 1981 was stricken and all the past violent or serious strikes they had was the one in 1987 is that why they sentenced according to pc 1170.12 c 1/667 e 1? Still if so with that penal code how did they get away with indeterminate sentence of 25 to life?
Okay I know I threw a lot out there and I thank the first legal wiz that comes across this one and assists. With all the new reforms and stuff going on in 2012 it made me go back to the actual charges and pleas. Any help would be greatly appreciated. Thanks

[Gryphon]

Looks like it was 2 strikes , but if there's any question you can order the change of plea transcript. You can also check the written change of plea form that will be in the court file. Yes, 2 prior strikes is the only way to get to 25 to life.
It appears this is online information, which is wrong about as often as it is correct.
In the "form" language, one count with no subordinate counts will be described as a principal term. These are just Clerk's minutes, nothing at all official if a transcript exists.

Originally Posted by Tp122591

Count Charge Severity Description Violation Date Plea Status
1. *. F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
2 * F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
3. *. F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
4*PC 245(A)(1)* F* ASSAULT WITH DEADLY WEAPON NOT FIREARM OR FORCE:GBI LIKELY* 12/19/2002* GUILTY* CONVICTED*
5* * F*. Xxxxx 12/19/2002 NOT GUILTY* DISMISSED*


Other Charges
Count
Charge
Severity
Description
Violation Date
Plea
Status
999*
PC 273.5(E)*
F*
PRIOR CORPORAL INJURY WITHIN 7YEARS*
12/19/2002*
*
*
999*
PC 1170.12(A)-(D)*
Z*
ALLEGED PRIOR/STRIKE*
12/19/2002*
*
*
999*
PC 1170.12(A)-(D)*
Z*
ALLEGED PRIOR/STRIKE*
12/19/2002*
*
*
*
Minutes
*
-
PLEA INFORMATION
COURT AMENDS INFORMATION BY INTERLINEATION AS TO
COUNT #4 TO READ AS FOLLOWS:
"ON OR ABOUT DECEMBER 19 2002 IN THE ABOVE NAMED
JUDICIAL DISTRICT THE CRIME OF ASSAULT BY MEANS
LIKELY TO PRODUCE GBI IN VIOLATION OF PENAL CODE
SECTION 245(A)(1) A FELONY WAS COMMITTED BY XXXX
XXX WHO DID WILLFULLY AND UNLAWFULLY
COMMIT AN ASSAULT UPON XXXXX* BY
MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY
INJURY."
WAIVES ANY DEFECTS.
-
DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AND ENTERS A PLEA OF GUILTY AS TO COUNT(S) 4.
DEFENDANT ADMITS PRIOR/STRIKE.
ON MOTION OF PEOPLE, PURSUANT TO PLEA BARGAIN, COUNT 1 2 3 5 ORDERED DISMISSED; REASON: 1385 PC
THE COURT, AFTER READVISEMENT OF EACH OF THESE RIGHTS, FINDS THAT THE DEFENDANT UNDERSTANDS THE CHARGE(S), THE POSSIBLE
PENALTIES, RIGHT AGAINST SELF-INCRIMINATION, TO CONFRONT AND CROSS EXAMINE WITNESSES, TO A PUBLIC AND SPEEDY TRIAL, TO JURY
TRIAL, TO HAVE AN ATTORNEY PRESENT AT ALL STAGES OF THE PROCEEDINGS AND TO THE PUBLIC DEFENDER IF INDIGENT AND TO THE
COMPULSORY PROCESS OF THE COURT TO SUBPOENA WITNESSES.
DECLARATION BY DEFENDANT FORM FILED.
SEE FINDINGS IN FILE.
COURT FINDS COMPLIANCE WITH BOYKIN AND TAHL RULES.
COURT FINDS THE PLEA IS BASED ON FACT AND/OR PLEA BARGAIN.
COUNSEL STIPULATE COURT MAY READ AND CONSIDER PRELIMINARY HEARING TRANSCRIPTS.
-
DEFENDANT WAIVES PROBATION REFERRAL.
DEFENDANT REQUESTS IMMEDIATE SENTENCING.
PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS:
DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
-
FINDINGS/ADVISALS:
PURSUANT TO SECTION 13202B, VEHICLE CODE, THE COURT FINDS A MOTOR VEHICLE WAS NOT USED IN THE COMMISSION OF THE OFFENSE.
COURT FINDS DEFENDANT IS NOT ABLE TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
COURT FINDS THAT THE DEFENDANT IS NOT LIABLE FOR PAYMENT OF BOOKING FEES.
REST FINE OF $200.00 PURSUANT TO 1202.4 PC
PAYABLE TO REST FUND TO BE COLLECTED BY DOC.
REST FINE OF $200.00 PURSUANT TO 1202.45 PC
STAYED PENDING SUCCESSFUL COMPLETION OF PAROLE.
-
SENTENCING INFORMATION
SENTENCED PER PC1170.12(C)(1) / 667(E)(1)
AS TO COUNT 4 THE COURT IMPOSES THE INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
PRINCIPAL COUNT DEEMED COUNT # 4.
SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
CREDIT FOR TIME SERVED ( 232 ACTUAL + 0 CONDUCT) FOR A TOTAL OF 232 DAYS.
COURT FULLY ADVISES DEFENDANT OF PAROLE RIGHTS.
WAIVES APPEAL RIGHTS
PROBATION OFFICE NOTIFIED.
CUSTODY STATUS
CASE CUSTODY - STATE PRISON
DEFENDANT REMANDED TO THE CUSTODY OF THE SHERIFF TO BE DELIVERED TO CALIFORNIA DEPARTMENT OF CORRECTIONS AT CHINO
============= MINUTE ORDER END ================
*
*

[Rlsbby4eva]

Originally Posted by Tp122591

I would love if one of the legal eagles out there could help me understand the plea information and sentencing information below. I thought this was an easy one but the more I read, the more this doesnt look right. I have added some background information at the bottom to help.
Informal Charges
Count Charge Severity Description Violation Date Plea Status
1. *. F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
2 * F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
3. *. F. Xxx 12/19/2002*NOT GUILTY*DISMISSED*
4*PC 245(A)(1)* F* ASSAULT WITH DEADLY WEAPON NOT FIREARM OR FORCE:GBI LIKELY* 12/19/2002* GUILTY* CONVICTED*
5* * F*. Xxxxx 12/19/2002 NOT GUILTY* DISMISSED*

Other Charges
Count
Charge
Severity
Description
Violation Date
Plea
Status
999*
PC 273.5(E)*
F*
PRIOR CORPORAL INJURY WITHIN 7YEARS*
12/19/2002*
*
*
999*
PC 1170.12(A)-(D)*
Z*
ALLEGED PRIOR/STRIKE*
12/19/2002*
*
*
999*
PC 1170.12(A)-(D)*
Z*
ALLEGED PRIOR/STRIKE*
12/19/2002*
*
*
*
Minutes
*
-
PLEA INFORMATION
COURT AMENDS INFORMATION BY INTERLINEATION AS TO
COUNT #4 TO READ AS FOLLOWS:
"ON OR ABOUT DECEMBER 19 2002 IN THE ABOVE NAMED
JUDICIAL DISTRICT THE CRIME OF ASSAULT BY MEANS
LIKELY TO PRODUCE GBI IN VIOLATION OF PENAL CODE
SECTION 245(A)(1) A FELONY WAS COMMITTED BY XXXX
XXX WHO DID WILLFULLY AND UNLAWFULLY
COMMIT AN ASSAULT UPON XXXXX* BY
MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY
INJURY."
WAIVES ANY DEFECTS.
-
DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AND ENTERS A PLEA OF GUILTY AS TO COUNT(S) 4.
DEFENDANT ADMITS PRIOR/STRIKE.
ON MOTION OF PEOPLE, PURSUANT TO PLEA BARGAIN, COUNT 1 2 3 5 ORDERED DISMISSED; REASON: 1385 PC
THE COURT, AFTER READVISEMENT OF EACH OF THESE RIGHTS, FINDS THAT THE DEFENDANT UNDERSTANDS THE CHARGE(S), THE POSSIBLE
PENALTIES, RIGHT AGAINST SELF-INCRIMINATION, TO CONFRONT AND CROSS EXAMINE WITNESSES, TO A PUBLIC AND SPEEDY TRIAL, TO JURY
TRIAL, TO HAVE AN ATTORNEY PRESENT AT ALL STAGES OF THE PROCEEDINGS AND TO THE PUBLIC DEFENDER IF INDIGENT AND TO THE
COMPULSORY PROCESS OF THE COURT TO SUBPOENA WITNESSES.
DECLARATION BY DEFENDANT FORM FILED.
SEE FINDINGS IN FILE.
COURT FINDS COMPLIANCE WITH BOYKIN AND TAHL RULES.
COURT FINDS THE PLEA IS BASED ON FACT AND/OR PLEA BARGAIN.
COUNSEL STIPULATE COURT MAY READ AND CONSIDER PRELIMINARY HEARING TRANSCRIPTS.
-
DEFENDANT WAIVES PROBATION REFERRAL.
DEFENDANT REQUESTS IMMEDIATE SENTENCING.
PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS:
DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
-
FINDINGS/ADVISALS:
PURSUANT TO SECTION 13202B, VEHICLE CODE, THE COURT FINDS A MOTOR VEHICLE WAS NOT USED IN THE COMMISSION OF THE OFFENSE.
COURT FINDS DEFENDANT IS NOT ABLE TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
COURT FINDS THAT THE DEFENDANT IS NOT LIABLE FOR PAYMENT OF BOOKING FEES.
REST FINE OF $200.00 PURSUANT TO 1202.4 PC
PAYABLE TO REST FUND TO BE COLLECTED BY DOC.
REST FINE OF $200.00 PURSUANT TO 1202.45 PC
STAYED PENDING SUCCESSFUL COMPLETION OF PAROLE.
-
SENTENCING INFORMATION
SENTENCED PER PC1170.12(C)(1) / 667(E)(1)
AS TO COUNT 4 THE COURT IMPOSES THE INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
PRINCIPAL COUNT DEEMED COUNT # 4.
SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 25 YEARS TO LIFE.
CREDIT FOR TIME SERVED ( 232 ACTUAL + 0 CONDUCT) FOR A TOTAL OF 232 DAYS.
COURT FULLY ADVISES DEFENDANT OF PAROLE RIGHTS.
WAIVES APPEAL RIGHTS
PROBATION OFFICE NOTIFIED.
CUSTODY STATUS
CASE CUSTODY - STATE PRISON
DEFENDANT REMANDED TO THE CUSTODY OF THE SHERIFF TO BE DELIVERED TO CALIFORNIA DEPARTMENT OF CORRECTIONS AT CHINO
============= MINUTE ORDER END ================
*
*
Okay so here are my questions. When I look at the sentencing isn't a pc1170.12 c 1/667 e 1 when only 1 prior strikes being alleged and you get double time basically? If this was sentenced per 2 previous strikeswouldnt it be pc 1170.12 c 2/667 e 2?
Then it says on count 4 sentenced to indeterminate sentence of 25 to life, then it goes to say principal count #4 sentenced to indeterminate sentence of 25 to life. Why is it here twice? Wouldn't a principal count imply more than 1? Since the others were dismissed by prosecutor pursuant to plea bargain there is no principal, just one count?
Sorry I have a lot of sentencing questions but if this is a second strike then a 245 a 1 should be 4 years max doubled to 8 at 85%, also that this isn't a serious felony and doesn't even count as a strike per pc 245 a 1 and ab1026 which talks about breaking 245 a1 in sections and the existing law.
Some background in regards to the "other charges" listed above. The pc 273.5 was in oc court in 1995, he got 4 years and did three, this is not defined as a serious or violent felony so this isn't one of the strikes. In 1995 he had 2 prior serious and or violent strikes, 1 in 1981 and another in 1987. So really in 1995 he should of gotten struck out but his pd struck a strikes that the one from 1981 wasn't counted or it was stricken. So if that is the case, since his felony In 95 wasn't serious, and the violent felony in 1981 was stricken and all the past violent or serious strikes they had was the one in 1987 is that why they sentenced according to pc 1170.12 c 1/667 e 1? Still if so with that penal code how did they get away with indeterminate sentence of 25 to life?
Okay I know I threw a lot out there and I thank the first legal wiz that comes across this one and assists. With all the new reforms and stuff going on in 2012 it made me go back to the actual charges and pleas. Any help would be greatly appreciated. Thanks

How much time did he get?
Reason asking is because my husband is going through something similar

[Tp122591]

Originally Posted by lorena0617

How much time did he get?
Reason asking is because my husband is going through something similar

He got 25 to life and has been gone over nine years. Unless the laws change or we can find something in his sentencing in 02 to grab onto then he has 16 years before he can even go up for parole.

[Gryphon]

Originally Posted by Tp122591

He got 25 to life and has been gone over nine years. Unless the laws change or we can find something in his sentencing in 02 to grab onto then he has 16 years before he can even go up for parole.

Current proposals regarding three strikes reform could impact this sentence. It sounds like what we know as a "soft" 245. That's a non-violent crime (nor is it a new strike so it isn't a serious crime either. 245 is a crime that sometimes is, and sometimes is not, a strike. This sounds like the non-strike variety.) There is a possible voter proposition to eliminate 25 to life for inmates serving that sentence for a non-violent non-serious crimes, and might go further and limit life terms to violent crimes.

[Rlsbby4eva]

Originally Posted by Tp122591

He got 25 to life and has been gone over nine years. Unless the laws change or we can find something in his sentencing in 02 to grab onto then he has 16 years before he can even go up for parole.

Sigh..... this is tough. Something will come along, have faith n hope

[Tp122591]

Thanks gryphon, that is exactly how we see it too. If one of these current proposals gets on the ballot and passes it should change the outcome of his sentence since the 245 is the assault not viewed as a strike or violent or serious. We have our fingers crossed, with the California economical crisis I think now is the best chance for this type of proposal.thanks again gryphon for all your legal knowledge on this board.