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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #51  
Old 04-01-2019, 09:47 PM
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This is the same group that offered to do writs when the Edwards decision came down on Prop.57. For$1,500 https://www.unitethepeople.org/ They offered two different types of service. on the hebaes writ that pertained in Edwards, matters. Do your research before you open your check book on any group or attorney.
Just got off the phone with hubs-- this group is sending out information onto the yards and getting people hooked up with for-fee attorneys. The "packet" he said he was going to grab is from them and includes the legislation text and how to use them to file. I told him no, I would do my homework out here and figure it out. Lol I don't pay anyone to wash my car when I can do it myself.
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  #52  
Old 04-02-2019, 11:56 AM
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Just got off the phone with hubs-- this group is sending out information onto the yards and getting people hooked up with for-fee attorneys. The "packet" he said he was going to grab is from them and includes the legislation text and how to use them to file. I told him no, I would do my homework out here and figure it out. Lol I don't pay anyone to wash my car when I can do it myself.

I am thinking it may not be a bad idea to get a hold of that "packet" and see what it is exactly that they're offering and saying is the course to follow, as that could actually be good information for...
1.) fact-checking
2.) if this is something that would be of benefit to other inmates, sharing (although not necessarily encouraging them to use that specific group to file the paperwork.)


To be clear....we would be doing so strictly in a non-professional sense and encouraging people to consult with an attorney before making a final decision.
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Old 04-02-2019, 12:29 PM
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I am thinking it may not be a bad idea to get a hold of that "packet" and see what it is exactly that they're offering and saying is the course to follow, as that could actually be good information for...
He's sending me a copy and I'm sending him info from PLO. I hate to think people are being gouged. I understand hiring an attorney if it's just too much and too overwhelming, but it sounds like the counties don't know what to do with petitioners regardless so if we can save someone a little grief...why not.
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Old 04-04-2019, 03:28 PM
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Ours was one of the first of these 1170 cases to go to court last year and the judge dismissed it before we even knew he had it. I only found out accidentally when I checked his case file. The judge requested info from CDCR as to why they were recommending a sentence recall -- but they sent very little documentation and most of it was the wrong stuff. Like literally just his rap sheet and one line saying he's programming. Well, of course the judge was going to deny it! We only found out after he made his decision.

My husband knows another guy who went to court on this. This time CDCR did show up and did present a very good case, but that judge still denied it.

So far, I haven't heard of any of these being successful, in part because judges don't even understand why they're getting them. Add to that the fact that unlike parole commissioners, judges and DAs have no training whatsoever on what constitutes a danger to public safety.

At least that's my two cents as someone who's been through the process.

I would think that rather than CDCR just sending info, that you would want to have an attorney there to represent you and present why you should have your sentence reduced. I also thought I had read that the court would have to appoint an attorney for you as well, but I could be mistaken about this. I think it's a drag that they didn't even tell you it was going to happen.



I've recently read that some districts will be setting up committees to handle these recall of sentences. However, I also believe that you can have an attorney approach the court and the DA and ask them to consider it too. I think that as time goes on, this part of the law will be worked out - at least I hope it will.
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  #55  
Old 05-21-2019, 12:07 AM
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where do you get the
Penal Code 1170(d)(1) AB1812 forms to fill out?



My brother's facility does not offer these forms to the inmates. And try as I might I cannot find the forms anywhere
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  #56  
Old 05-21-2019, 01:40 PM
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where do you get the
Penal Code 1170(d)(1) AB1812 forms to fill out?



My brother's facility does not offer these forms to the inmates. And try as I might I cannot find the forms anywhere

There is no set form to use Penal Code 1170(d)(1)
Read the information here for more information on this subject
Penal Code 1170(d)(1) CDCR Resentencing Recommendations (AB 1812) (September 2018) This information is not very in depth. Some counties have set up Post Conviction
Review Unit, through the District Attorneys Office also You may want to check there also for more information.
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  #57  
Old 05-22-2019, 08:29 AM
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where do you get the
Penal Code 1170(d)(1) AB1812 forms to fill out?

My brother's facility does not offer these forms to the inmates. And try as I might I cannot find the forms anywhere
As Patrick says, there is no set form. I think it is unlikely any form will be created soon, maybe never. Forms are helpful for non-attorney / self-represented inmates. This is not something you file. CDCR or the DA initiates and files.

Earlier in this thread there was a link to an organization. Their attorneys claim they can help. Not clear to me how they would help. Maybe they can advocate to DA or to CDCR on your behalf to encourage them to file.

I agree that if CDCR or DA does file for 1170(d) resentence an attorney can help at that point. They can present your case and convince judge much better than relying on CDCR to provide evidence.
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  #58  
Old 05-31-2019, 05:36 PM
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Holy crap what a mess. So hubs and I have been wading through this (unsuccessfully). I’m going to share what I THINK is happening and I would appreciate feedback.

Let’s start with the text of 1170(d):
(d)(1) When a defendant subject to this section or subdivision (b) of Section 1168 has been sentenced to be imprisoned in the state prison or county jail pursuant to subdivision (h) and has been committed to the custody of the secretary or the county correctional administrator, the court may, within 120 days of the date of commitment on its own motion, or at any time upon the recommendation of the secretary or the Board of Parole Hearings in the case of state prison inmates, or the county correctional administrator in the case of county jail inmates, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence.  The court resentencing under this subdivision shall apply the sentencing rules of the Judicial Council so as to eliminate disparity of sentences and to promote uniformity of sentencing.  Credit shall be given for time served.

This says that at any time the secretary (currently Daz) for state inmates and the county correctional administrator if they are a county inmate.

AB1812, which has been billed as an 1170 expansion is a budgetary bill. It does not appear to expand who can petition to recall.

AB2942 (Chaptered Aug 29, 2018), however does appear to expand the ability to recall to the DA:
(d) (1) When a defendant subject to this section or subdivision (b) of Section 1168 has been sentenced to be imprisoned in the state prison or a county jail pursuant to subdivision (h) and has been committed to the custody of the secretary or the county correctional administrator, the court may, within 120 days of the date of commitment on its own motion, or at any time upon the recommendation of the secretary or the Board of Parole Hearings in the case of state prison inmates, the county correctional administrator in the case of county jail inmates, or the district attorney of the county in which the defendant was sentenced, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence. The court resentencing under this subdivision shall apply the sentencing rules of the Judicial Council so as to eliminate disparity of sentences and to promote uniformity of sentencing. The court resentencing under this paragraph may reduce a defendant’s term of imprisonment and modify the judgment, including a judgment entered after a plea agreement, if it is in the interest of justice. The court may consider postconviction factors, including, but not limited to, the inmate’s disciplinary record and record of rehabilitation while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate’s risk for future violence, and evidence that reflects that circumstances have changed since the inmate’s original sentencing so that the inmate’s continued incarceration is no longer in the interest of justice. Credit shall be given for time served.

This does include the DA as a petitioner.


Why is that not reflected in the current text of 1170(d)(1)?

Some clarification: for inmates under age 18 at the time of the crime, 1170 DOES allow the inmate to petition directly. Also, terminally ill inmates as well as their family members, per 1170, may directly petition.

So, my first question is how did AB1812 and not AB2942 get tagged with the “who can petition” question? PLO is unclear in their 1812 analysis; the for-profit sites encourage inmates to hire them to draft petitions under 1812 as well as 2942.

Now…here’s the deal, as a non-minor, non-terminally ill inmate, it appears that the only acceptable petitioners even under the broadened 2942, are Secretary Daz, the county admin or the DA. Is this to say that county DA offices, county corrections admin and Secretary Daz are actively researching sentences to recall? If not, why not allow inmates to request a review for recall as has been suggested.

My husband decided to write Sacramento. Attached is the letter we received in response*. In short, it states:
Quote:
“Please note that the CDCR Recall and Resentencing Recommendation Program (RRRP) will only accept and review referrals from institutional staff and volunteers, via departmental email addresses. The RRRP does not accept self-referrals or referrals from inmate family, friends or attorney.”
Feedback?


*response from Dana Kernan, CCIII
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Last edited by miamac; 05-31-2019 at 05:51 PM..
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  #59  
Old 05-31-2019, 05:53 PM
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After posting my previous novel (ha!), I realize that this letter does not prohibit inmates from requesting a review from the DA, but rather that CDCR isn't accepting them from anyone other than staff. I'm left to assume that they only review those recommendations by staff (or volunteers) and that means there isn't anyone other than maybe front line counselors actively looking for possible RRRP inmates. However, that means that Diaz then has to approve of sending your name forward to the courts. So it can die before it even leaves CDCR, right?

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Old 06-01-2019, 08:14 AM
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I hope Patrick weighs in.


Figures its all up to cdcr. Pretty much.
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Old 06-01-2019, 12:13 PM
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I hope Patrick weighs in.


Figures its all up to cdcr. Pretty much.
I'll admit, this is a far-reaching shot for us. He's SB261 (say it with me...) but three years past his eligibility date. We're just trying to get someone, somewhere to see that. So if he can get his boss or counselor to recommend him for this, I assume it has to go to the warden and then to Diaz, maybe that will help. We'd rather have him put on the the hearing schedule than a recall. But, I'll be having him write the DA, as well. Just cover all of the bases. Worst thing that can happen is he gets a form letter back like this. We're getting used to it.

Last edited by miamac; 06-02-2019 at 12:11 PM.. Reason: right? write...
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  #62  
Old 06-02-2019, 12:48 PM
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After posting my previous novel (ha!), I realize that this letter does not prohibit inmates from requesting a review from the DA, but rather that CDCR isn't accepting them from anyone other than staff. I'm left to assume that they only review those recommendations by staff (or volunteers) and that means there isn't anyone other than maybe front line counselors actively looking for possible RRRP inmates. However, that means that Diaz then has to approve of sending your name forward to the courts. So it can die before it even leaves CDCR, right?

If the DA (getting a DA to do this good luck) or the petitioner gets the judge to order the recall of sentence. Then CDCR must start and produce the inmates Records. If the DA. just does a request to CDCR to consider the inmate for recall of sentence. CDCR will deny that request. CDCR feels they are the only one that may request and generate the record for recall of sentencing. The last I hear was that CDCR was only doing about 44 a month
As the letter stated that CDCR has started a list for those who may think they may benefit from SB610
This is CDCR again saying they are the only party that may start the recall of sentence process.
I know a number of appellate attorneys that advertise that they provide their services for Recall of Sentence. For the pro-se filler information is very limited. At least what I can obtain
Here is the most current P.C 1170 (1170(d) (1) is with in )Boiling down that CDCR is the one controlling who gets action for Recall of sentence
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  #63  
Old 06-02-2019, 12:55 PM
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If the DA (getting a DA to do this good luck) or the petitioner gets the judge to order the recall of sentence. Then CDCR must start and produce the inmates Records. If the DA. just does a request to CDCR to consider the inmate for recall of sentence. CDCR will deny that request. CDCR feels they are the only one that may request and generate the record for recall of sentencing.
Thanks, Patrick. This makes sense. I mean it doesn't, but it does.

I still don't understand why 2942 isn't reflected in the 1170(d) language, but that's above my pay grade to tackle.

If we receive any more form letters or responses, I'll be sure to update this so we can share information.
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  #64  
Old 06-02-2019, 06:05 PM
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Thanks, Patrick. This makes sense. I mean it doesn't, but it does.

I still don't understand why 2942 isn't reflected in the 1170(d) language, but that's above my pay grade to tackle.

If we receive any more form letters or responses, I'll be sure to update this so we can share information.


Ok I pulled a little trick this morning and emailed this law group that was advertising about recalling of sentence. With what limited "advice " I was given . They started out with this "You may petition CDCR Jerry Brown instructed CDCR to receive petitions from inmates who believed they deserve to be resentenced based on exceptional conduct during incarceration or a disproportionate punishment for their offense." This sounds like to me that CDCR is the ones that have been appointed to run the show . Which if you review older versions of 1170 P.C. (d)(1) they always have been the ones. The change in section 1170 P.C.(d)(1) S.B 610 Only put in new wording you can read the amended version Here right hand side

"What Does AB 2942 Do? California AB 2942 revised California Penal Code (PC) Section 1170(d)(1). Under the revised law, elected DAs now have the right to reevaluate past sentences. If the DA determines that the length of the sentence no longer serves the interests of justice, then they may request and support resentencing for that inmate. A DA in the county in which the inmate was sentenced may bring the request to the county court. The court can then deny or allow the request."
with that statement there tells me.
That this part of 1170(d) (1) the district attorney of the county in which the defendant was sentenced, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence.
Why aren't the District Attorneys, doing this instead of just writing a request that CDCR review for Recall of sentence ? Beginning to look like more of let CDCR , do everything . Yet money was appropriated for the changes in the law
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Old 06-02-2019, 06:25 PM
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Ok I pulled a little trick this morning and emailed this law group that was advertising about recalling of sentence. With what limited "advice " I was given . They started out with this "You may petition CDCR Jerry Brown instructed CDCR to receive petitions from inmates who believed they deserve to be resentenced based on exceptional conduct during incarceration or a disproportionate punishment for their offense." This sounds like to me that CDCR is the ones that have been appointed to run the show . Which if you review older versions of 1170 P.C. (d)(1) they always have been the ones. The change in section 1170 P.C.(d)(1) S.B 610 Only put in new wording you can read the amended version Here right hand side
Thanks for that last link. I pulled my 1170(d) from here, a site I've always used, and it didn't have that amended portion. Now I have to wonder how up to date they keep it.
So you got a form-letter response, too? Jerry Brown isn't gov. anymore so they should probably update that. Although, it sounds misguided anyway so maybe it doesn't matter.

Yep, at the end of the day it sounds like you either get a judge to give the thumbs up or Sec. Diaz.
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Old 06-02-2019, 07:11 PM
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Thanks for that last link. I pulled my 1170(d) from here, a site I've always used, and it didn't have that amended portion. Now I have to wonder how up to date they keep it.
So you got a form-letter response, too? Jerry Brown isn't gov. anymore so they should probably update that. Although, it sounds misguided anyway so maybe it doesn't matter.

Yep, at the end of the day it sounds like you either get a judge to give the thumbs up or Sec. Diaz.

I didn't expect much lol
Findlaw is OK .I usually get my information Here I can find most of what I want here pertaining to California
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Old 06-03-2019, 04:01 PM
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Hello All!
I was wondering if anyone knows what CDCR and the powers that be consider "exceptional conduct"? I was under the impression it meant an inmate saving a life or something major like that. My husband swears it's not just that (anymore) and its now considered programming, self-help groups, disciplinary free etc.

We are trying to figure out the mess that is 1170 as well and are disagreeing on what "exceptional conduct" constitutes lol

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Old 06-03-2019, 04:18 PM
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Hello All!
I was wondering if anyone knows what CDCR and the powers that be consider "exceptional conduct"? I was under the impression it meant an inmate saving a life or something major like that. My husband swears it's not just that (anymore) and its now considered programming, self-help groups, disciplinary free etc.
We are trying to figure out the mess that is 1170 as well and are disagreeing on what "exceptional conduct" constitutes lol
Thanks!
I think the confusion comes with the language of Prop 57 Extraordinary Credits:
The Extraordinary Conduct Credit is an existing type of credit where an inmate may be granted up to twelve additional months of reduction of a sentence, under the approval of the Director of the Division of Adult Institutions, if they have performed a heroic act in a life-threatening situation, or have provided exceptional assistance in maintaining the safety and security of a prison.

I wouldn't think that would be a requisite for parole grant. I hate to think there are that many "accidents" to go around! I know what you mean. It isn't clear. It's pretty classic CDCR to leave that out. I suspect it is going above-and-beyond, though. If they want one vocation, you've got three. If they want to see self-help group attendance, you better be a facilitator. Participation in victim-inmate groups seem to hold up well if that's possible (the word is completely escaping me right now, but it's when a meeting is facilitated between victim and inmate to express remorse and insight into the crime).

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Old 06-03-2019, 04:47 PM
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I think the confusion comes with the language of Prop 57 Extraordinary Credits:
The Extraordinary Conduct Credit is an existing type of credit where an inmate may be granted up to twelve additional months of reduction of a sentence, under the approval of the Director of the Division of Adult Institutions, if they have performed a heroic act in a life-threatening situation, or have provided exceptional assistance in maintaining the safety and security of a prison.

I wouldn't think that would be a requisite for parole grant. I hate to think there are that many "accidents" to go around! I know what you mean. It isn't clear. It's pretty classic CDCR to leave that out. I suspect it is going above-and-beyond, though. If they want one vocation, you've got three. If they want to see self-help group attendance, you better be a facilitator. Participation in victim-inmate groups seem to hold up well if that's possible (the word is completely escaping me right now, but it's when a meeting is facilitated between victim and inmate to express remorse and insight into the crime).
And I think that's where he is hoping he falls under. He was a facilitator for the Anti-Recidivism Coalition programs and recently received a "promotion" to the Coordinator position and he, well we, are hoping that would fall under the exceptional conduct criteria, among the other programs he has completed. I just feel like I'm hitting dead end after dead end trying to figure it all out, and now i see I'm in good company lol.
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Old 06-03-2019, 04:51 PM
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And I think that's where he is hoping he falls under. He was a facilitator for the Anti-Recidivism Coalition programs and recently received a "promotion" to the Coordinator position and he, well we, are hoping that would fall under the exceptional conduct criteria, among the other programs he has completed. I just feel like I'm hitting dead end after dead end trying to figure it all out, and now i see I'm in good company lol.
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Old 06-03-2019, 07:40 PM
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I'll admit, this is a far-reaching shot for us. He's SB261 (say it with me...) but three years past his eligibility date. We're just trying to get someone, somewhere to see that. So if he can get his boss or counselor to recommend him for this, I assume it has to go to the warden and then to Diaz, maybe that will help. We'd rather have him put on the the hearing schedule than a recall. But, I'll be having him write the DA, as well. Just cover all of the bases. Worst thing that can happen is he gets a form letter back like this. We're getting used to it.
I just went through the whole 261 with my husband. We filed a Writ with the courts regarding it. The board makes excuse after excuse for not scheduling hearings. His writ was GRANTED, which proves that the board is NOT doing what they are supposed to. Keep hope!
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Old 06-04-2019, 11:13 AM
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I just went through the whole 261 with my husband. We filed a Writ with the courts regarding it. The board makes excuse after excuse for not scheduling hearings. His writ was GRANTED, which proves that the board is NOT doing what they are supposed to. Keep hope!
Thank you sharing this! No, they're not. I have a direct quote from Shaffer regarding scheduling and the calendar completely disproves it. But we've been at a loss getting anyone to follow up. A writ seems so extreme, but you're right-- that's what it is. How long, if I may ask, did it take to process the filing?
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Old 06-04-2019, 03:53 PM
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My boyfriend wrote the district attorney about 1170 d and how the d.a. can recall the sentence. He was told that he is able to get possible relief from it but is getting denied due to disciplinary actions. It sucks because his write up was from a visit they said he was touching me too much. Smh. He wasn’t even doing anything extreme just kept rubbing my leg. So reach out to district Attorney office worst they can do is say no.
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Old 06-05-2019, 02:44 PM
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Hello everyone,
I hope that my long post doesn't come out confusing. This whole ordeal seems to be enough for everyone to try and sort through. My fiance was tried and convicted in Los Angeles County. He's on his 10th year of his term. Since so many laws have passed he was given an YOPD, which gave him soo much hope. His original sentence was 82 years to life. His date is now 2033. As MIAMAC pointed out, thats not something the CDCR is really following through with.

When running into this new law and trying to gather as much information to send him it seems to be almost impossible to go at it the right way. I emailed his public defender asking for any kind of information that he might know. His response was to have my fiance write a letter to the sentencing judge asking for leniency under this new law. HE also stated that some judges will take that into consideration. I have printed out so much info to send and he has drafted so many letters for the sentencing judge.

Upon research through this site I followed some of the links that were posted and got a form that was once only available for the San Joaquine area. I've searched the LA County court site to see if they were currently accepting this form. I attached a screenshot of what I found.

I am here to ask, should my loved one have a staff member submit this form for him? should he send the letter to the sentencing judge for consideration? Basically, where do we start. if anyone has any adice or can steer us in the right direction i would deeply appreciate it.

Also, i know this isnt the right thread but does anyone know anything about the good time served being applied from the YOPD law that is going to senate? i believe its AB 965? how can we find out if this passes, will it be retroactive?

Thank you again !
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Old 06-05-2019, 03:12 PM
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Hello everyone,
I hope that my long post doesn't come out confusing. This whole ordeal seems to be enough for everyone to try and sort through. My fiance was tried and convicted in Los Angeles County. He's on his 10th year of his term. Since so many laws have passed he was given an YOPD, which gave him soo much hope. His original sentence was 82 years to life. His date is now 2033. As MIAMAC pointed out, thats not something the CDCR is really following through with.

I'd need a refresher, and maybe Patrick could correct me, but if he's been down 10 (it's 2019) and his ERD is 2033 (at least to go before the board,) then that's about consistent with the current laws. Only thing I can't remember is whether it's 25 to the board or if it's 20 (it wouldn't be 15 since "to life" is in the sentence.)


Still....25 vs 83...that's the difference between coming home with some time to enjoy life and do something productive as opposed to having no hope.


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