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  #26  
Old 11-30-2018, 01:23 PM
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Here is the direct link to Prison Laws Penal Code § 1170(d)(1) CDCR Resentencing Recommendations (AB 1812) (September 2018)

I just picked out some of the more interesting sections out of the Prison Laws, information sheet

In June 2018, the Legislature passed and Governor Brown signed Assembly Bill (AB) 1812, which amended Penal Code § 1170(d)(1). The new law took effect immediately.
Penal Code § 1170(d)(1) authorizes a court to recall a sentence and resentence a person to a lesser sentence in two circumstances: (1) on the court’s own motion within 120 days after sentencing, or (2) at any time upon a recommendation from the California Department of Corrections (CDCR) or the Board of Parole Hearings (BPH) (or, for people in county jails, a recommendation from the county correctional administrator). The CDCR’s current regulations about § 1170(d)(1) sentence recall recommendations are in the California Code of Regulations, Title 15, §§ 3076-3076.2 (these have not been modified since AB 1812 took effect). In the past, the CDCR rarely used its authority to recommend sentence recalls.
AB 1812 made changes that may help more people get CDCR recommendations for resentencing and also may help more people actually get resentenced. The text of the new Penal Code § 1170(d)(1) is at the end of this letter. Here is a summary of the changes made by AB 1812:  Perhaps most importantly, AB 1812 grants additional funds to the CDCR to investigate potential cases to refer for recall of sentence.  § 1170(d)(1) now specifically states that courts have authority to recall sentences imposed after plea agreements, as well as sentences imposed after trials.  § 1170(d)(1) was modified to state that courts have authority to recall a sentence and resentence a person if “it is in the interests of justice.” This language could cause the CDCR to expand the scope of the cases for which it recommends recalls of sentences and could encourage courts to grant resentencing in more situations. As in the past, if a court decides to resentence someone, the court must apply the sentencing rules “so as to eliminate disparity of sentences and to promote uniformity of sentencing.”  § 1170(d)(1) was modified to specifically allow courts to consider post-conviction factors when resentencing a person, including (but not limited to) the person’s disciplinary record and record of rehabilitation while incarcerated, evidence of whether age, time served, and diminished physical condition (if any) have reduced the person’s risk for future violence, and evidence that reflects that circumstances have changed since the person’s original sentencing so that continued incarceration is no longer in the interest of justice.
It appears that the CDCR has broad discretion under the new law to decide which sentences to recommend for recall. As of early August 2018, the CDCR says it had made over 300 referrals for recall of sentence and is referring about 40 new cases a week in response to AB 1812. Most of these are cases in which the CDCR believes the sentence imposed by the court was not lawful under the sentencing laws, and a few are cases in which a person demonstrated exceptionally meritorious conduct


Please read the whole handout for more information
You may also find more information on three strikes and sentencing information at Stanford Three Strikes and Justice Advocacy Project. Take a bit to navigate the site but there is good information here also. Be patient in your research
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  #27  
Old 12-19-2018, 04:41 PM
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A friend just told the acting Secretary of CDCR just released a video, shown on prison TV, explaining that the department has sent around 200 of these 1170(d) sentence recall requests to the courts since June, and that around 100 or them have received some kind of reduced sentence.

It was part of an overall message encouraging inmates to program etc. My friend is one of those ones still awaiting a court date.
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Old 12-19-2018, 07:25 PM
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There is a YouTube video about this
I saw the video Sounded more like CDCR saying look what we have done for you . To me
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Old 12-19-2018, 07:55 PM
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Quote:
Originally Posted by Patrickj View Post
Sounded more like CDCR saying look what we have done for you . To me
"Opportunity is there for you." Lol I don't know why, but that made me laugh.

Honestly, I think at this point-- good luck to everyone trying ANY one of the ways CDCR has structured to reduce the time spent behind bars. The disequity that snakes through all of their reform will never allow for clear paths toward release. I'm glad some are getting to go home, I'm glad that some are getting to be awarded credits for the first time, I'm glad some are able to get FV for the first time. It's something. It just sucks for the folks who still manage to fall through the cracks and get the short end.
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  #30  
Old 01-30-2019, 08:35 PM
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Default California PC 1170(d)(1) RESENTENCING!

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
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  #31  
Old 01-31-2019, 02:30 PM
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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.
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Old 02-01-2019, 11:01 PM
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Quote:
Originally Posted by Patrickj View Post

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.
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  #33  
Old 02-02-2019, 01:42 PM
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Quote:
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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.
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  #34  
Old 02-02-2019, 04:39 PM
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Quote:
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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!
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  #35  
Old 02-13-2019, 02:09 AM
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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.
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Old 03-28-2019, 03:05 PM
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Question How do you petition the DA office

I finally found something for 1170d1 on the district attorney page for the county my loved one was sentenced and it says for the inmate to send a petition to a given mailing address. There is no further information provided. I’m wondering what is the petition? Is it a letter? A form? If it is a letter what should be in it? If it’s a form to be filled with how do we get it?
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Old 03-28-2019, 03:24 PM
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I think by petition they mean "asking" the DAs office to do it. I'm not sure there is an actual form for that part. But, I've honestly not stayed up on this and my husband brought it up to me last night so I'll be following this to see what is said.
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Old 03-28-2019, 05:26 PM
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This is from PLO and while it doesn't directly answer your question, this paragraph, I would assume would apply to the DA info you've posted, as well:
We also do not know whether the CDCR will consider requests from prisoners or their attorneys or advocates asking to be recommended for sentencing reconsideration,and there is no set process for making requests.If you believe your case should be reviewed for a recall recommendation, you can try sending a written request to your counselor, the prison warden, and the
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P.O. Box 942883, Sacramento, CA 94283.
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Old 03-29-2019, 11:41 AM
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I thought I commented on this yesterday, strange.


I'm going to go a little deeper and say I don't understand why the DA's office has this set up, unless they mean it strictly in the sense of people in the first 120 days of their sentence since they could go back to the judge at that point and request a reduction. From the PDF that mia shared:



Penal Code § 1170(d)(1) authorizes a court to recall a sentence and resentence a person to a lesser sentence in two circumstances: (1) on the court’s own motion within 120 days after sentencing, or (2) at any time upon a recommendation from the California Department of Corrections (CDCR) or the Board of Parole Hearings (BPH) (or, for people in county jails, a recommendation from the county correctional administrator). The CDCR’s current regulations about § 1170(d)(1) sentence recall recommendations are in the California Code of Regulations, Title 15, §§ 3076-3076.2 (these have not been modified since AB 1812 took effect). In the past, the CDCR rarely used its authority to recommend sentence recalls."



Unless I'm missing something, it seems like the law has not changed who can petition the court/DA. Anyone can petition the court (including the DA) in the first 120 days. I'm not sure when that changed.


After 120 days, it's at the discretion of CDCR to recommend the re-sentencing, traditionally.


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Old 03-29-2019, 11:47 AM
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For reference, this is the most recent update on PC 1170 that I can find (all sections, including d.) Note this doesn't mean it's the absolute most recent update, but given it says on the top that it's in effect until 2022, it might be.


https://codes.findlaw.com/ca/penal-c...sect-1170.html


I'm not seeing the part where DA's are now the proper body to petition, so I'm not sure what that's about. Unless someone with better eyes than me can spot it and tell me what I'm missing.....


Also, I'll point out that DA's are not usually too keen on resentencing, so while he certainly can petition for a resentence, I'm not sure what the chances are that they'd actually give it serious consideration. Particularly since the DA's office is already very busy prosecuting crimes.
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Old 03-29-2019, 12:38 PM
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I'm not seeing the part where DA's are now the proper body to petition, so I'm not sure what that's about. Unless someone with better eyes than me can spot it and tell me what I'm missing.....
I'm not sure if this applies to the OP, but my guess would be that for the majority of folks just waking up to this (as in our case), we would be applying not directly under 1170(d)(1), but rather through AB1812 that opens up 1170(d)(1) to:
receive petitions from inmates who believe they deserve a new sentence based on (1) exceptional in-prison conduct, or (2) disproportionate punishment.
thus reducing the legal debate down to disproportionate sentencing.

Like you, I don't see the DAs office, with their propensity to uphold sentencing and oppose parole, being the best bet for petition. However, it's not wasted energy. For every denial, there's a shot at getting help. So go for it. It can't make the situation worse.
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Old 03-29-2019, 01:53 PM
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Most DA.s don't have the required applications available on line for example you can review the information from San Joaquin County District Attorneys Post Conviction Review Unit If your petition is accepted the Secretary of Corrections will prepare the record(s) for the court. It is best to have the applicants C-File loaded with positive rehabilitation information. Most DA's are just dragging their feet in even implicating a petition process or review process. I see the state funds allocated for this program getting wasted on other things Remember the DA doesn't get reelected by releasing or modifying prison sentences. 1170(d)(1) P,C matters are a very low priority mater with DAs and CDCR Note San Diego County is just plain slow playing the process along with a few of the other counties in southern California
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Old 03-29-2019, 02:01 PM
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Most DA.s don't have the required applications available on line for example you can review the information from San Joaquin County District Attorneys Post Conviction Review Unit If your petition is accepted the Secretary of Corrections will prepare the record(s) for the court. It is best to have the applicants C-File loaded with positive rehabilitation information.
So there is an actual form for petition for this? Or it's a general one...or...I'm a little lost. Husband said he was getting 'information' in the form of a packet on his yard last we spoke, but didn't mention as specific form to fill out. But that may be because he hadn't seen the packet yet.

You know, things you need a form for aren't available and then they word things for processes that don't have a form as if they do (parole packet, application of credits). If you want something simple made as costly and as complicated as possible, hand it over to CDCR.
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Old 03-29-2019, 02:11 PM
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So there is an actual form for petition for this? Or it's a general one...or...I'm a little lost. Husband said he was getting 'information' in the form of a packet on his yard last we spoke, but didn't mention as specific form to fill out. But that may be because he hadn't seen the packet yet.

You know, things you need a form for aren't available and then they word things for processes that don't have a form as if they do (parole packet, application of credits). If you want something simple made as costly and as complicated as possible, hand it over to CDCR.

I work a lot is San Joaquin County, ( reason being I have a number of years in that county on both sides of the law lol)As far as I know they are the only county so far that have this "Application" So we use these line of questions when we are seeking a application in another county. To this date our success rate of being accepted is very low. Getting a lot of B.S. run around
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Old 03-29-2019, 02:28 PM
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Thanks for the clarification. I wish they'd put forward practical resources before hyping things for our LOs.
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Old 03-29-2019, 04:57 PM
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This document seems to indicate that it's a different assembly bill all together that relates to this issue.


https://www.sccgov.org/sites/da/Docu...2018-IPG39.pdf


AB 2942: https://www.spolinlaw.com/appeals/re...under-ab-2942/


However, there is no discussion as to HOW you would petition a DA for this. I guess writing a formal letter? Keep in mind, though, that the DA will look at the inmate's crime, time served, and probably their C-file, in particular their disciplinary file as well as whatever record of rehabilitative activities they have performed exists.


Doesn't seem like it's very clear as to exactly how one would go about doing this, or what, exactly, would warrant resentencing other than the obvious "excessive sentencing" and "evidence of significant rehabilitation" (I threw in the word "significant" because I'm doubting you're going to get a DA to advocate for an inmate unless it is apparent they have changed.)


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Old 03-29-2019, 05:23 PM
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Also something to add to these discussions in general, is that we usually see somewhere along the line when a "new" opportunity opens up the question "should I hire an attorney?". In general, the answer is no. If it's a CDCR process and not one through the courts, a lawyer is essentially a glorified report writer. Now, if that makes you feel more secure about drafting your petition and dotting your i's and crossing your t's, then by all means. But there are also organizations out there who offer to file petitions for you for a fee. This makes me nervous. For example:
This site claims:

We Are Filing 1170(d)(1) Petitions

CDCR is currently only granting up to 40 recall petition cases per week, so it is important to act now. As a nonprofit organization, our legal team is preparing and filing these petitions at a steeply discounted rate. Contact us today for a legal consultation.

I have no idea if they are reputable or not so I'm not speaking disparagingly of them specifically, but these are the types of actions that draw predatory folks to make a dollar off your situation. Do your homework first. And remember that there are always inmates on the yard who have "honorary doctorates" in legalese and really do know their stuff. Running your petitions and letters by them is a no (or very low) cost option to consider.
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Old 03-29-2019, 08:41 PM
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Quote:
Originally Posted by miamac View Post
Also something to add to these discussions in general, is that we usually see somewhere along the line when a "new" opportunity opens up the question "should I hire an attorney?". In general, the answer is no. If it's a CDCR process and not one through the courts, a lawyer is essentially a glorified report writer. Now, if that makes you feel more secure about drafting your petition and dotting your i's and crossing your t's, then by all means. But there are also organizations out there who offer to file petitions for you for a fee. This makes me nervous. For example:
This site claims:

We Are Filing 1170(d)(1) Petitions

CDCR is currently only granting up to 40 recall petition cases per week, so it is important to act now. As a nonprofit organization, our legal team is preparing and filing these petitions at a steeply discounted rate. Contact us today for a legal consultation.

I have no idea if they are reputable or not so I'm not speaking disparagingly of them specifically, but these are the types of actions that draw predatory folks to make a dollar off your situation. Do your homework first. And remember that there are always inmates on the yard who have "honorary doctorates" in legalese and really do know their stuff. Running your petitions and letters by them is a no (or very low) cost option to consider.
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.
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Old 03-29-2019, 11:36 PM
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Here is another helpful link, again for Northern California. It provides the sentencing guidelines and exclusions for the bill which is statewide. Anything submitted to the District Attorney’s Office should be in pleading form with exhibits. I’ve also included a photo of the main portion. http://uploads.tapatalk-cdn.com/201...98a4b699d8.jpg

https://spsf.senate.ca.gov/sites/sps...2_analysis.pdf
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Old 04-01-2019, 06:48 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.
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