Legal Question in Criminal Law in California

california sentencing 50%/85%

My friend was convicted of sex with an unconscious person, sodomy of an unconscious person and rape by use of intoxicating substance. he was originally sentenced to the high term of 8 years and he thought @ 85% . but i found out that b/c of cunningham his sentence was changed to 6 years. somone at the prison told him he's doing that at 50%. the order that changed his term from 8 to 6 years doesn't say anything about 85% or 50%....my question is who decides whether it's 85% or 50% and is this written somewhere? i think the judge mistakenly thought it was @ 85% thinking it was a violent felony but actually none of the convictions include violence.


Asked on 8/30/08, 1:57 pm

1 Answer from Attorneys
Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: california sentencing 50%/85%

Depends upon whether the Court found that the offense was a "violent" offense. If so, they can enforce the 85% time rule. But there has to be specific findings to that effect. e-mail for an appointment or have your representative do so. [email protected]

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Answered on 8/31/08, 3:16 pm


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