Legal Question in Criminal Law in California

concurrent sentancing in calif.

Prior to being released from prison March of this year, the CDC sent SLO superior court a letter stating they sentenced me incorrectly, siting it is incorrect to sentence someone to 1/3 the middle term on subordinate terms ran concurrently. Therefore, I would have to be resentenced. Is that true? There were 2 seperate courts involved in my case for the same (non violent) offenses. My original charges were from SB county. I was sentenced to 3 yrs. Additionally I was found guilty in SLO for the same offence, and sentenced to 4 yrs 4 mnths. My release date for the 3 yr sentence was 1-22-07. The CDC released me in March 07 since the SLO court had not responded to their letter. On 4-14, (after I had been released), SLO court scheduled a resentence hearing. During this hearing the DA said I should not be out of custody yet and too many credits were awarded during my original sentencing. Another hearing is schedualed for next week, and the DA is planning to adjust the credits to reflect what he feels are the correct amount of credits, which he anticipates may add another 6 mnths. for me to serve. Is that something he can do? I have no other priors & charges are non violent. 1


Asked on 5/03/07, 11:21 pm

2 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: concurrent sentancing in calif.

First, by the term "found guilty of the same offense"...do you mean just the same criminal charge or were the cases related???makes a big difference. Next, how did you get so much time if you had no record...? SLO gets to sentence you "last" on all the charges at the initial sentencing. SO at the original SLO sentence they could choose if there term was CC or CS to SB county...if it was CS...then the 1/3 the middle term cannot be CC to the principal term but could be CC to other subordinate terms...sentencing is a bit tricky, especially when I don't know the exact charges, etc...The DA and court can only "readjust" pre-sentence credits, for which you "can't" get dual credits, the cannot adjust prison credits you earned while in SP. Can't be more precise without knowing the charges, sentencing decisions in SLO.

DJM

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Answered on 5/04/07, 12:47 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: concurrent sentancing in calif.

You raise some very technical issues, including possible double jeopardy. Also, the facts aren't clear. I assume you don't have a private lawyer, and will be represented by a Public Defender. Ask your P.D. to try and explain this to you. Chances are good that the P.D. can help. I can't do more with your question without more facts.

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Answered on 5/04/07, 10:54 am


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