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Old 12-01-2019, 03:22 PM
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Patrickj Patrickj is offline
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Thumbs up New Prop.57 ruling from the court

Here is a new decision from the COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE In re MOHAMMAD MOHAMMAD B295152

DISPOSITION
The petition for writ of habeas corpus is granted. CDCR is directed to treat as void and repeal California Code of Regulations, title 15, section 3490, subdivision (a)(5) and to thereafter make further changes as necessary to ensure its Proposition 57 implementing regulations are consistent with this opinion. Mohammad shall be evaluated for early parole consideration within 60 days of remittitur issuance

Another mishandling by CDCR of there new policy pertaining to parole hearing consideration
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Last edited by Patrickj; 12-01-2019 at 03:43 PM..
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Old 12-01-2019, 03:38 PM
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What does this mean?
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Old 12-01-2019, 10:14 PM
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3490 (a)(5) and (6) reads:

(5) The inmate is currently serving a term of incarceration for a “violent felony;” or
(6) The inmate is currently serving a term of incarceration for a nonviolent felony offense after completing a concurrent determinate term for a “violent felony.”

This case seems to be a guy with a violent offense and consecutive non-violent (I think...gotta read a little more). I believe his argument is "I served the violent portion (second degree robbery), now I'm serving non-violent portion (receiving stolen property. Violent portion is finished so I am no longer a violent offender and now a non-violent offender and should get early parole consideration under 57".

I think we talked about that tangled scenario back in the day when 57 was being debated. Anyway, CDCR says in their title 15 regs nope you're a violent offender and don't get consideration. Appeals court says wrong, your non-violent. CDCR, please give him consideration and rewrite that section of Title 15 accordingly.

Interesting.
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Old 12-02-2019, 10:02 AM
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I read this a few more times. It is unique.

Defendant had multiple felony convictions - 6 counts of receiving stolen property (non-violent under CA law), 6 counts of 2nd degree robbery (violent under CA law). When sentenced back in 2012, court defined one of the non-violent stolen property charges as his "principal term" - 3 years. Everything else piled on to be served consecutive. All added up to a 29 year sentence.

Now that his "principal term" was served, he files for relief under prop 57 non-violent parole consideration. Even though he has 6 violent felony convictions. CDCR language under 3490 (a)(5) and (a)(6) define him as violent for prop 57 early parole consideration. CDCR denies him all the way and his case eventually gets to the 2nd/5th district appeals court. The voter initiative defines him as non-violent since his "primary term" is non-violent. That's the plain language and that's what the court went with. Court even concedes maybe the voters often don't read and don't understand what they are voting on (I could not agree more), that is what the language says.

Two things I find striking:

1) He has no enhancements. Just a lot of consecutive sentences. Court says you are eligible under a sentencing of multiple consecutive sentences so long as the primary is non-violent. Don't need an "enhancement" to get consideration. A non-violent primary plus anything else and you are good for consideration.

2) Assume someone else who had identical or even less mix of violent and non-violent convictions and the court also sentences all consecutive. But the court assesses one of the violent offenses as the primary. This unlucky person is NOT prop 57 eligible. Probably many have even lesser situations but....primary charge is violent. They serve their full time; 29 years or whatever. This guy is just LUCKY that the court made one of his non-violent offenses the "primary" and is parole eligible after 3 years...

I know attorney Michael Satris who was assigned to this case and he is experienced dealing with parole board. He did a good job.
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