Sentencing Errors

[ladodger76]

MY brother was told that he has a hold from la county upon his release in 4 months, because there was an error made when his was sentenced. He was found guilty of assault w/ deadly weapon w/ great bodily injury.1st vic and misd battery on 2nd vic. He was sentenced to high term 4yrs plus 3yrs enhancement on 245(a)(1) plus 1 yr for prior and 6months for the misdemeanor battery to run consecutive, he was given 536 days credit. The records dept sent a letter notifing the court of an error. This what the letter says. a review of the documents delivered to the above named inmate indicates the abstract of judgment and/or minute order may be in error, or incomplete, for the following reason(s). The minute order reflects defendant sentenced to a term in state prion of 8yrs plus 6 months consecutive county jail term, for a total state prison term of 8 yrs. The abstract of judgment, however reflects a total term of 8yrs and six months. We know of no provision of the law that allows a consecutive misdemeanor county jail sentence to be served in state prison. County jail terms should only be reflected in "other orders" of the abstract of judgment and should not be included in the total term. Please review your file to determine if a correction is required. When notified by CDCR that an illegal sentence exists, the trial court is entitled to reconsider all sentencing chioces. People v Hill 185cal.app.3d831. WE would appreciate you providing a certified copy of any minute order or modified abstract of judgment to this department. I went down to the court and pulled his case and the abstract the NEW ONE says OTHER ORDERS AS TO COUNT (5) 242PC (MISD) BATTERY- TO BE SERVED IN ANY PENAL INSTITION, CONSECUTIVE. Is there anything we can do to stop him from going back to the county? I can't belive he has to go back to the county the clerk at the court said the order is still wrong and to contact a lawyer.

[Gryphon]

The sentencing court used to misdemeanor to siphon off county jail credits so they won't apply towards the prison sentence. I can't tell if the court clerk made a mistake and gave him all credits towards prison. Maybe. That could be an error that is in his favor.
Then, there is a paperwork error where they in essence checked the wrong box when they imposed the misdemeanor sentence.
Then, 4 plus a prior prison term enhancement is a total of 5, not 8. I don't know where the extra time came from given the information provided. I'm confused, since the CDCR sentence analyst didn't complain about this so maybe there are subordinate counts or a strike involved in this sentence.

Paperwork errors can be fixed without transporting the defendant, and usually are handled by issuing a corrected abstract of judgement. On the other hand, giving him more time than allowed by law could result in sending the inmate back to court because they have to do a resentencing.

Originally Posted by ladodger76

MY brother was told that he has a hold from la county upon his release in 4 months, because there was an error made when his was sentenced. He was found guilty of assault w/ deadly weapon w/ great bodily injury.1st vic and misd battery on 2nd vic. He was sentenced to high term 4yrs plus 3yrs enhancement on 245(a)(1) plus 1 yr for prior and 6months for the misdemeanor battery to run consecutive, he was given 536 days credit. The records dept sent a letter notifing the court of an error. This what the letter says. a review of the documents delivered to the above named inmate indicates the abstract of judgment and/or minute order may be in error, or incomplete, for the following reason(s). The minute order reflects defendant sentenced to a term in state prion of 8yrs plus 6 months consecutive county jail term, for a total state prison term of 8 yrs. The abstract of judgment, however reflects a total term of 8yrs and six months. We know of no provision of the law that allows a consecutive misdemeanor county jail sentence to be served in state prison. County jail terms should only be reflected in "other orders" of the abstract of judgment and should not be included in the total term. Please review your file to determine if a correction is required. When notified by CDCR that an illegal sentence exists, the trial court is entitled to reconsider all sentencing chioces. People v Hill 185cal.app.3d831. WE would appreciate you providing a certified copy of any minute order or modified abstract of judgment to this department. I went down to the court and pulled his case and the abstract the NEW ONE says OTHER ORDERS AS TO COUNT (5) 242PC (MISD) BATTERY- TO BE SERVED IN ANY PENAL INSTITION, CONSECUTIVE. Is there anything we can do to stop him from going back to the county? I can't belive he has to go back to the county the clerk at the court said the order is still wrong and to contact a lawyer.

[dcmbrbaby]

Originally Posted by ladodger76

MY brother was told that he has a hold from la county upon his release in 4 months, because there was an error made when his was sentenced. He was found guilty of assault w/ deadly weapon w/ great bodily injury.1st vic and misd battery on 2nd vic. He was sentenced to high term 4yrs plus 3yrs enhancement on 245(a)(1) plus 1 yr for prior and 6months for the misdemeanor battery to run consecutive, he was given 536 days credit. The records dept sent a letter notifing the court of an error. This what the letter says. a review of the documents delivered to the above named inmate indicates the abstract of judgment and/or minute order may be in error, or incomplete, for the following reason(s). The minute order reflects defendant sentenced to a term in state prion of 8yrs plus 6 months consecutive county jail term, for a total state prison term of 8 yrs. The abstract of judgment, however reflects a total term of 8yrs and six months. We know of no provision of the law that allows a consecutive misdemeanor county jail sentence to be served in state prison. County jail terms should only be reflected in "other orders" of the abstract of judgment and should not be included in the total term. Please review your file to determine if a correction is required. When notified by CDCR that an illegal sentence exists, the trial court is entitled to reconsider all sentencing chioces. People v Hill 185cal.app.3d831. WE would appreciate you providing a certified copy of any minute order or modified abstract of judgment to this department. I went down to the court and pulled his case and the abstract the NEW ONE says OTHER ORDERS AS TO COUNT (5) 242PC (MISD) BATTERY- TO BE SERVED IN ANY PENAL INSTITION, CONSECUTIVE. Is there anything we can do to stop him from going back to the county? I can't belive he has to go back to the county the clerk at the court said the order is still wrong and to contact a lawyer.

i dont know where u live or when he was sentenced but if i where u i contact the court of appeals and ask for the INNOCENCE PROJECT and explain that he has been wrongfully sentence but demand the court of appeal that u want the case looked at by a higher court. IF HOPEFULLY NOT TO LATE FOR AN APPEAL U USUALLY HAVE 3 MONTHS from the time of sentencing to file but u will get a pro bono attorney. but insist on the INNOCENCE PROJECT THEY SHOULD SEND U A PACKET FOR U TO FILL OUT about the case. 2nd thing if u live in the los angeles county call the ACLU IT WILL TAKE LIKE 2 DAYS FOR THEM TO CONTACT U BUT THEY WILL ASK MAYBE THEY CAN HELP. ALSO WHAT EVER STATE U ARE IN CONTACT THE PRISON ACTIVEST CALL THEM THEY WILL GUIDE U

[Annabelle]

I would contact his attorney and have them get clarification from the judge. Generally the Judge wants the paperwork to be correct.

This situation has nothing to do with the Innocence Project.

[D4C]

Have you tried calling records in Sacramento and talking to an analyst? I've recently found that they can be quite helpful.

[JohnsRide"r"Die]

Okay, we had a similar issue, that I got corrected for my husband. Ours was different, but you just have to be adamant they fix it. Contact his attorney that handles his case.