Legal Question in Criminal Law in California

2nd strike-serious time

I have a friend who was sentenced in 1997 to 24 years with 80%. This was his second strike with his first being in 1992. He was offered a plea bargin for 32 months with a second strike and decided to take it to trial where he ended up with 24 years. He is classified as development disabled and I am trying to find out if there is anything that can be done to get him out now or if it is too late. He has served 10 years of his sentence. There was a juror drinking during the trial and his P.D. filed an appeal but it was denied, he has tried to file a second appeal on his own, but it kept being sent back for numerous reasons, because he has no clue what he is doing with the paperwork...the question is...what can be done if anything for him at this time.


Asked on 9/04/07, 2:07 pm

1 Answer from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: 2nd strike-serious time

If your friend has exhausted his appeal options, there isn't much you can do about the conviction at this point. Outside of a straight appeal the review process is a habeas corpus petition. If you are interested in exploring that process an appellate attorney would be the person to talk to. They would likely need a great deal information about the conviction, appellate process among other information. There are deadlines for that process as well.

I hope this answered your questions.

Elena Condes

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Answered on 9/04/07, 3:38 pm


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