Legal Question in Criminal Law in California

Re: poesession with a 30yr old (Burg) strike

The strike doesn't ever wash out. It can be charged and double your sentence from years ago, even 30 years ago. You do have a very good Romero/1385 issue, though.

The prison priors though - I don't understand how the DA thinks they can use those. Under Penal Code section 667.5(b), it adds a year for each prior that resulted in a state prison commitment, but only if you haven't stayed prison free for at least five years.

Something's not adding up, though. You have priors from 21 and 18 years ago, but you just got off parole 6 years ago? Were you in prison for 12 years?

Count backward from the date of the current incident. If you were not locked up in state prison within 5 years before the new case, then the one-year priors wash out and can't be used against you. If you were in prison custody (even on a violation of parole), then that counts against you. You have to be completely free of prison custody for whatever reason for 5 years for them to wash out.

Strikes and priors under 667.5(b) can all be stricken or dismissed by the court.

With your record and the allegations against you, you need an attorney.