California PC 1170(d)(1) RESENTENCING!

[Halo527]

I just found out about the revision to PC 1170(d)(1) which came about as the result of passage of AB 1812 and AB 2942.


This is good! It allows CDCR to go back to the courts and ask for resentencing (even if you have a Plea Bargain) and there is no time limit on when it can be done (there was a 120 day limit previously).


It can help to handle a disparate sentence and also allows for things such as good conduct in prison and rehabilitation actions the inmate has done.


Hope this information helps!


Halo

[Patrickj]

Originally Posted by Halo527

I just found out about the revision to PC 1170(d)(1) which came about as the result of passage of AB 1812 and AB 2942.


This is good! It allows CDCR to go back to the courts and ask for resentencing (even if you have a Plea Bargain) and there is no time limit on when it can be done (there was a 120 day limit previously).


It can help to handle a disparate sentence and also allows for things such as good conduct in prison and rehabilitation actions the inmate has done.


Hope this information helps!

Halo

CDCR isn't the only one under the new changes that may ask the court about resentencing. The District attorney may petition the court also The person seeking relief under the revisions of 1170(d)(1) will need to get a hold of the attorney even if it was a Public defender.
Here is an example from San Joaquin County on Discretionary Resentencing [Assembly Bill 2942; Pen. Code § 1170, subd. (d)(1)]; Post Conviction
Review Unit I am only using this information from San Joaquin as each county will need to come on board with their own review process.
I also suggest that anyone seeking relief under these new revisions be sure that their Prison C-File has a positive record that the inmate is truly trying to show rehabilitation. and no disciplinary issues . The Secretary of the CDCR is the reasonable party that will prepare Record for the court should the court decide to investigate and review the matter. A couple of other thing to keep note of the District Attorney, may and can file opposition to the petition. Victims of the offense also may and can have input also before the Judge renders his/her decision on the Petition.
These revision are still very young so there still a lot of work to be done to improve the process.

[Halo527]

Originally Posted by Patrickj

CDCR isn't the only one under the new changes that may ask the court about resentencing. The District attorney may petition the court also The person seeking relief under the revisions of 1170(d)(1) will need to get a hold of the attorney even if it was a Public defender.
Here is an example from San Joaquin County on Discretionary Resentencing [Assembly Bill 2942; Pen. Code § 1170, subd. (d)(1)]; Post Conviction
Review Unit I am only using this information from San Joaquin as each county will need to come on board with their own review process.
I also suggest that anyone seeking relief under these new revisions be sure that their Prison C-File has a positive record that the inmate is truly trying to show rehabilitation. and no disciplinary issues . The Secretary of the CDCR is the reasonable party that will prepare Record for the court should the court decide to investigate and review the matter. A couple of other thing to keep note of the District Attorney, may and can file opposition to the petition. Victims of the offense also may and can have input also before the Judge renders his/her decision on the Petition.
These revision are still very young so there still a lot of work to be done to improve the process.

The DA we had would never shorten my son's sentence. She was very vindictive to begin with, as proven by the long sentence she gave him. However, I did read that it may be possible to use a different DA and possibly a different judge.

What gives me hope is that with all of these new laws, I believe it may be easier to get a commutation of sentence, especially after trying this first and possibly showing how vindictive the DA is.

I am going to get with my son's about the behavior and rehabilitation aspect though. So far, so good.

[Patrickj]

Originally Posted by Halo527

The DA we had would never shorten my son's sentence. She was very vindictive to begin with, as proven by the long sentence she gave him. However, I did read that it may be possible to use a different DA and possibly a different judge.

What gives me hope is that with all of these new laws, I believe it may be easier to get a commutation of sentence, especially after trying this first and possibly showing how vindictive the DA is.

I am going to get with my son's about the behavior and rehabilitation aspect though. So far, so good.

As theses changes in 1170(d)(1) get put in to motion and all parties(agencies) involved get a better understanding on how to proceed with the process thing should smooth out. I have been in training class on several of the new laws that have taken effect. I am not an attorney, but some of my classmates are. They are having issues also on how these changes should be applied, and how the courts don't get over loaded with petitions that will cause judges to start rubber stamping denials.
Just the couple of matters that I have had the privilege to look at. We are finding that over the years prior that documentation rehabilitation from CDCR and its staff is very lacking. In the years prior CDCR hasn't really offered much in the line of courses or programs towards rehabilitation.
Another issue we are seeing in these matters is past criminal history.
Convincing the court that the offender is truly remorseful can be difficult also
words on a piece of paper are just that sometimes. Having strong family support role is a must and strong employment prospects.
Future case will get a little easier once their is some case law in place guiding judges, defendants, and prosecutors.
I know at times I feel like it is time for me to take my old ass out and stayed retired. Instead of getting involved any more, but there is always that one person that I feel I can make a difference for. Usually doesn't work that way though. For the few I have helped that is what keeps me coming back.

[Halo527]

Originally Posted by Patrickj

As theses changes in 1170(d)(1) get put in to motion and all parties(agencies) involved get a better understanding on how to proceed with the process thing should smooth out. I have been in training class on several of the new laws that have taken effect. I am not an attorney, but some of my classmates are. They are having issues also on how these changes should be applied, and how the courts don't get over loaded with petitions that will cause judges to start rubber stamping denials.
Just the couple of matters that I have had the privilege to look at. We are finding that over the years prior that documentation rehabilitation from CDCR and its staff is very lacking. In the years prior CDCR hasn't really offered much in the line of courses or programs towards rehabilitation.
Another issue we are seeing in these matters is past criminal history.
Convincing the court that the offender is truly remorseful can be difficult also
words on a piece of paper are just that sometimes. Having strong family support role is a must and strong employment prospects.
Future case will get a little easier once their is some case law in place guiding judges, defendants, and prosecutors.
I know at times I feel like it is time for me to take my old ass out and stayed retired. Instead of getting involved any more, but there is always that one person that I feel I can make a difference for. Usually doesn't work that way though. For the few I have helped that is what keeps me coming back.

Those are good points and maybe a factor on why rushing in right now might not be the most prudent thing to do. Also, he still needs to prove the rehabilitation factor. At least this is a first time offense so we won't have to contend with that. And he has strong family support, plus one of the victims has forgiven him. And a job waiting for him.

I also thought it was good that the counselor thought his sentence was ridiculous. Maybe others at cdcr might see that too.

Thanks for fighting the fight and hanging in there!

[ATH]

Im just checking in to see if anyone had any updates reguarding this. I printed out the text of the law and other articles regarding the information to send to my loved one. This gives us much hope but dont want to make any mistakes on how we approach it.

Thank you.