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  #1  
Old 11-14-2018, 11:33 PM
JavandAng JavandAng is offline
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Default Sentence: 3 years on 2 separate cases, concurrent; Counselor says 6 years?

I apologize if this question has been asked and answered somewhere else - my head is a mess right now.

My boyfriend was sentenced to 3 years on 2 separate cases that are supposed to be run concurrently. When he saw his counselor last week, he was told he got 6 years, so deal with it. I requested copies of the minute orders for both cases today and confirmed that they are to run concurrently. How do we fix this? Does he have to wait until he gets to wherever he is going to request another review?
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Old 11-15-2018, 07:25 AM
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His options depend on which prison system he is in, and their rules. My advice is that he files an appeal/grievance at each prison he passes through. If he is unsuccessful, it's time to get a lawyer involved. I hope it is fixed quickly.
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Old 11-15-2018, 07:27 AM
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If its in the minutes it should be a no brainer.....
Im sorry I dont know the answer but I do know they recalculate all the time.
Guessing since your new, this is recent so I'd try not to worry about it.


I think he'd need to file a 602? Or a request to speak again with the counselor. Maybe send him a copy of the min or the Abstract of Judgement?
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Old 11-15-2018, 07:41 AM
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Call his lawyer if need be and they could point you in the right direction
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Old 11-15-2018, 08:49 AM
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Thank you all so much. This entire process has been eye-opening to say the least.
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Old 11-15-2018, 10:52 AM
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Originally Posted by JavandAng View Post
Does he have to wait until he gets to wherever he is going to request another review?
No, no no. He needs to 602 the counselor, which sucks. But anything less than that won't get him the attention he needs. He will need to be very specific with the wording in the 602, stating that the time stated per the CDC calculation sheet is incorrect and that he has a copy of the sentencing summary from the court to show the correct calculation. And, obviously he'll need that paperwork in hand. As I'm sure you've noticed, seeing a counselor in reception can take forever and a day. But if he's seen one for classification, that means he'll be put up for a transfer to his home prison soon(ish). Don't wait until then because the last thing he needs is to start off on the wrong foot with his home counselor. They don't like being told they did their job wrong. In reception, they're a little more used to this sort of thing.

Best of luck!
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Old 11-15-2018, 11:26 AM
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Is he in the state system? Have you checked the DOC website and see what it says? Obviously you don't want him to serve more time than he needs to and you have been given great advice but before you ruffle any feathers just yet I would start by checking there. I say this because while yes, you do want to fight what is right and this is a battle you want to take up, you also don't want to cause more trouble if this counselor is just being an ass or is mistaken.
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Old 11-15-2018, 11:34 AM
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This matter may correct its self with in the 120 days that CDCR has to review all new intakes. Records and the case records mangers review all new sentencing intakes for errors in the abstract of He still should start the 602 process to get some attention started on this matter.
If the abstract of judgement states concurrent and CDCR says consecutive. In due time this matter will be corrected as long as the person stays on top of Records at any facility they may be at.
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Old 11-15-2018, 01:35 PM
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Originally Posted by Girl22472 View Post
Is he in the state system? Have you checked the DOC website and see what it says? Obviously you don't want him to serve more time than he needs to and you have been given great advice but before you ruffle any feathers just yet I would start by checking there. I say this because while yes, you do want to fight what is right and this is a battle you want to take up, you also don't want to cause more trouble if this counselor is just being an ass or is mistaken.
When he first showed up on the CDCR website, it showed his earliest possible release date as January 2020. Shortly afterwards, it was changed to July 2022. I didn't want to upset him so I didn't mention the change and assumed that it would be updated upon seeing his counselor. It wasn't and now I feel like an idiot because I waited.
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Old 11-15-2018, 01:41 PM
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No, no no. He needs to 602 the counselor, which sucks. But anything less than that won't get him the attention he needs. He will need to be very specific with the wording in the 602, stating that the time stated per the CDC calculation sheet is incorrect and that he has a copy of the sentencing summary from the court to show the correct calculation. And, obviously he'll need that paperwork in hand. As I'm sure you've noticed, seeing a counselor in reception can take forever and a day. But if he's seen one for classification, that means he'll be put up for a transfer to his home prison soon(ish). Don't wait until then because the last thing he needs is to start off on the wrong foot with his home counselor. They don't like being told they did their job wrong. In reception, they're a little more used to this sort of thing.

Best of luck!
Would the minute orders from both cases be sufficient or do I need to get a certified copy? And honestly, it doesn't seem that this counselor liked being told he was wrong either as he apparently felt the need to give my boyfriend the whole "you did the crime, now you have to do the time" speech. I'm just so thankful he sat there and took it instead of causing more trouble.
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Old 11-15-2018, 01:41 PM
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Quote:
Originally Posted by JavandAng View Post
When he first showed up on the CDCR website, it showed his earliest possible release date as January 2020. Shortly afterwards, it was changed to July 2022. I didn't want to upset him so I didn't mention the change and assumed that it would be updated upon seeing his counselor. It wasn't and now I feel like an idiot because I waited.
Hmmm.. How long has it now said July 2022? My brother in law was in state prison (not CA) and his release date would go up and down but then again this was due to his inability to stay out of trouble.

I would do as other suggested and talk to his attorney to see how to get it fixed with as little contact made to the counselor if possible. He/she won't like being put on the spot or proven wrong and depending on connections and attitude (which sounds like they already have one) could cause him more problems inside which obviously you don't want.
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Old 11-15-2018, 01:52 PM
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Would the minute orders from both cases be sufficient or do I need to get a certified copy? And honestly, it doesn't seem that this counselor liked being told he was wrong either as he apparently felt the need to give my boyfriend the whole "you did the crime, now you have to do the time" speech. I'm just so thankful he sat there and took it instead of causing more trouble.
No, none of them really like it and it was smart of him to keep his cool. But they like it less outside of reception. Lol The truth is that counselors have a sh*t job primarily because they don't get the training they need and there is high turnover. So they tend to be cranky and defensive. I think people often go in with good intentions, but the job sucks it right out of them.

I don't know exactly what minute orders are, I just know that that a sentence summary should be available from the county he was sentenced in. I wouldn't think it would need to be certified, but I suppose if that's an option then it would seal the deal (no pun intended) and not give them room to hassle him.
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Old 11-15-2018, 05:30 PM
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Quote:
Originally Posted by JavandAng View Post
Would the minute orders from both cases be sufficient or do I need to get a certified copy? And honestly, it doesn't seem that this counselor liked being told he was wrong either as he apparently felt the need to give my boyfriend the whole "you did the crime, now you have to do the time" speech. I'm just so thankful he sat there and took it instead of causing more trouble.



I can see where there maybe an issue here If each one of these case were sentenced at a different time by a different judge. The abstract of judgement on one of these matters would need to stipulate that the sentence imposed would run concurrent with the other case. Said case number would need to be noted on the abstract of judgement.
In looking at the two abstract of judgements. Does it say on the second abstract of judgment that this sentence is to run concurrent with the other matter?(usually its a box checked with the other case number listed) Then the total term entered for the second offense.(3years)
The person here needs to be contacting Records with this issue. CDCR counselors are just going to go through the motions especially at Reception.
If you can review the Abstract of Judgements on line review them and check for the errors. Get all of your ducks in a row so that you (he) can prove there is error also. Do not let one counselor disappoint you. I have been disappointed by most counselors I have had to deal with
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Old 11-15-2018, 05:51 PM
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I can see where there maybe an issue here If each one of these case were sentenced at a different time by a different judge.
Ahhh, didn't interpret this as cases*. That could create misunderstanding, for sure.
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Old 11-15-2018, 08:03 PM
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I can see where there maybe an issue here If each one of these case were sentenced at a different time by a different judge. The abstract of judgement on one of these matters would need to stipulate that the sentence imposed would run concurrent with the other case. Said case number would need to be noted on the abstract of judgement.
In looking at the two abstract of judgements. Does it say on the second abstract of judgment that this sentence is to run concurrent with the other matter?(usually its a box checked with the other case number listed) Then the total term entered for the second offense.(3years)
The person here needs to be contacting Records with this issue. CDCR counselors are just going to go through the motions especially at Reception.
If you can review the Abstract of Judgements on line review them and check for the errors. Get all of your ducks in a row so that you (he) can prove there is error also. Do not let one counselor disappoint you. I have been disappointed by most counselors I have had to deal with
The cases were heard by the same judge, at the same time. I did request both judgments to be sure and each one states that the sentence is 3 years to be run concurrent with the second case, and both have the other case number listed. I sent him copies today so he has documentation with him to proceed. I didn't expect this to be a cakewalk, but I honestly thought they would be a bit more organized especially with the amount of time it takes to get anything done.
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Old 11-15-2018, 08:41 PM
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The cases were heard by the same judge, at the same time. I did request both judgments to be sure and each one states that the sentence is 3 years to be run concurrent with the second case, and both have the other case number listed. I sent him copies today so he has documentation with him to proceed. I didn't expect this to be a cakewalk, but I honestly thought they would be a bit more organized especially with the amount of time it takes to get anything done.

This will be a cake walk believe it or not. Once this matter is brought up to the attention of Records. Then Records will contact the sentencing court. to seek clarification of the abstract of Judgment(s). The court will respond with in its time limit, then this persons C-File will have the correct abstracts of Judgement in it . Then CDCR will have to recalculate his release date according to the corrections. Have him stay on Records this matter should be corrected with in 90-120 days .Records will directly correspond with the inmate and notify his counselor of the changes when they are applied.
I understand your frustration dealing with CDCR. I have been fighting with CDCR for many years. Keep us posted with your progress. (or non-progress) We are all here to try and make this mess more easy to understand and less stressful
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Old 11-16-2018, 06:34 AM
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Just in case it happens.........the paperwork you sent him may not make it to him.
IF that happens, I would contact an attny..........(his attny?) and ask them to mail it for you, with THEIR return address on it and all the alphabets after the attny's name.
Ask it be marked.........LEGAL MAIL.
He will get it, but it will be with the counselor present.


Or......they might just return it to you.


(this is a just in case this happens to not be surprised or worried)
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Old 11-16-2018, 05:05 PM
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PERHAPS he owes time from a prior bid that was tacked on the end?
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Old 11-17-2018, 11:18 PM
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Just in case it happens.........the paperwork you sent him may not make it to him.
IF that happens, I would contact an attny..........(his attny?) and ask them to mail it for you, with THEIR return address on it and all the alphabets after the attny's name.
Ask it be marked.........LEGAL MAIL.
He will get it, but it will be with the counselor present.


Or......they might just return it to you.


(this is a just in case this happens to not be surprised or worried)
Do you think that they would send it back to me? I wondered about that too. But I've mailed other information regarding his cases that got through but who knows.
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Old 11-17-2018, 11:19 PM
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PERHAPS he owes time from a prior bid that was tacked on the end?
Like previous crimes? No, he cleared all of that stuff over 10 years ago.
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