Legal Question in Criminal Law in California

My fiance was sentenced 9 years at 85% for a assualt with a GBI. The plea deal was no less than 7 years and no more than 9 years, The Judge gave him the 9 years..Is this normal for this kind of charge for a first time offender? We would like to appeal the time he was sentenced, how to do do that?


Asked on 8/29/09, 9:13 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

In order to appeal, he needs to file a Notice of Appeal within 60 days of sentencing. His attorney should do this on request, or you can download the forms from www.courtinfo.ca.gov

However, since the judge sentenced him within the agreed range, it is highl unlikely the Court of Appeal will overturn the sentence. Every case is different, and it is impossible to know whether or not he got a good deal without reviewing all of the evidence.

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Answered on 8/29/09, 9:25 pm


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