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.