Legal Question in Criminal Law in California

Hi my husband is incarcerated and he recieved a copy of a letter to the judge that the Correctional Case Records Manager and Correctional Case Records Analyst sent out to the judge. The letter goes like this:

(A review of the documents delivered with the above-named inmate indicates the abstract of judgement and/or minute order may be in error, or incomplete, for the following reasons:

The abstract of judgement reflects count 4 PC12022.5(A)(1) at the lower term of 2 years 8 months imposed sentenced pursuant to PC667(B)(I)/PC1170.12 Please note: PC 12022.5(A)(1) is an enhancement. The amended information reflects the defendent was charged with PC12021(A)(1). Please clarify.

Please review your file to determine if a correction is required. When notified by the dept of corrections and rehabilitation that an illegal sentence exists, the trial court is entitled to reconsider all sentencing choices, People vs Hill 185 Cal. App.3D 831. We would appreciate you providing a certified copy of any minute order or modified abstract of judgement to this department. May we also request the attached copy of this letter be returned with your response. If this case is under appellate review, please foward a copy of this letter to the appellate attorney.)

So my question is if you can clarify what this letter means please, I will highly appreciate it.


Asked on 11/05/12, 12:57 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It sounds like someone has reviewed his file and the trial court made a sentencing error. Have you spoken to an attorney in person about it yet? I suggest you do so as soon as possible.

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Answered on 11/05/12, 5:42 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The California Department of Corrections reviewed the sentence and believes the judge made a mistake. It is asking him to review his order and try again.

The CDC is probably right, but the error might only be in the judge's explanation. It's possible that he calculated a proper amount of time but documented it incorrectly. It's also possible that the sentence is too long or too short and will need to be recalculated.

The inmate should discuss this with the lawyer who represented him at trial. He may prefer a new lawyer instead. Either way, he should act quickly.

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Answered on 11/06/12, 11:13 am


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