Legal Question in Appeals and Writs in California

my son was sentenced in 2005 for 2nd degree murder and received a 15 to life sentence and an additional 25 to life enhancement sentence to run consecutively but he was not a member of a gang or acted on behalf of a gang. the knowledge how the california criminal street gang sentencing enhancement law to be applied i discovered last night and it states "In its simplest terms, this law states that anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence in addition and consecutive to the penalty he/she receives for the underlying felony".

http://www.shouselaw.com/street-gang.html. is there any thing i can do to have this injustice corrected? is it possible to appeal this?


Asked on 7/14/11, 3:45 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

It is too late for your son to appeal the conviction or the sentence. He does have the option of petitioning for a writ of habeas corpus. Without knowing more about the facts and the evidence, I can't begin to assess his chances.

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Answered on 7/14/11, 3:56 pm


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