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  #51  
Old 09-14-2017, 05:54 PM
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My husband got offered 17 years 2 strikes. That gqng enhancement is really fucking him over
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  #52  
Old 09-14-2017, 05:54 PM
Tommy94520 Tommy94520 is offline
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Default Still kind of confused why they charged both gun enhancements

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Originally Posted by miamac View Post
Honestly don't know the answer to any of this. We were not together when he went through this part, I came along 11 years in. I couldn't believe it when he told me how long he was serving and for what. When I pulled his court record and sentencing (copied above) I was floored to see what they had listed. They are enhancements, only the single attempted murder charge is a stand-alone. I guess this was the compromise down from a 25-Life. It's heartbreaking but our saving grace was that he was 19 at the time and we now qualify for SB 261.
My guess is they charged both gun enhancements because the 10 year is for use while the 20 year is for actually firing the gun. If he wasn't found guilty on the 20 year, the prosecutor probably was hoping they would at least get him on the lesser 10 year enhancement. But since he was found liable on the 20 year, they had to set the 10 year aside because it is just a lesser included charge. So there really wasn't anything lucky at all, in fact, the prosecutor was trying to put the screws to him.

Either way, 20-30 years of enhancements is a bit too extreme on a 7 year charge, in my opinion. Hope everything works out with the AB 261!
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  #53  
Old 09-14-2017, 06:57 PM
Tommy94520 Tommy94520 is offline
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Default Is there also a gun enhancement?

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Originally Posted by Mels5 View Post
My husband got offered 17 years 2 strikes. That gqng enhancement is really fucking him over
I saw in an earlier post you said there were 2 counts of robbery and an attempted murder with the allegation of a firearm. 1st degree attempted murder carries a 15-life sentence, 2nd degree attempted murder will get you 5, 7, or 9 (most likely 7).

A gang enhancement on any murder charge can get you 10 extra years. But, if the robberies are home invasion, the gang enhancement is actually worse: 15-life! You would probably only be looking at one of these, depending on what is alleged.

Additionally, the gun enhancement can get you an extra 10 or 20 or even life with CA PC 12022.53. And murder or robbery are both qualifying offenses for PC 12022.53 (they qualify for an extra 10 or 20). Worst of all, they can actually stack the gun enhancement with the gang enhancement. There could be a LOT of potential prison time here.

These are worst case scenarios (but sound very possible here). You need to find out the specific details and the worst possible outcome. Then your husband has to figure out what his possibility of being convicted is and what that penalty would be versus what they are offering on the plea deal.

I really hope it works out for you both!
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  #54  
Old 09-14-2017, 08:32 PM
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Originally Posted by Tommy94520 View Post
So there really wasn't anything lucky at all, in fact, the prosecutor was trying to put the screws to him.

Either way, 20-30 years of enhancements is a bit too extreme on a 7 year charge, in my opinion. Hope everything works out with the AB 261!
The first charge brought by the DA was AWD. They dropped that, presumably when they felt they had enough evidence to make the affiliation stick. Then it upped to attempted murder with a 25-life sentence. So in comparison, I suppose that not sticking was our luck. He definitely fell under the category of making an example of a low-level gang member. Keep in mind this is his only felony and he was 19. They literally wanted to keep him away for as much of his life as possible.

But I'm taking us off-topic again. I think you're correct in saying that the OP is facing a similiar situation. I'd like to think that gang affiliation is not still a reason to push for maximums, but with the recent changes in regulations, I don't see that happening. If anything, it secures that enhancements and max terms will be the target at sentencing.
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