Legal Question in Criminal Law in California

My son, is incarcerated at ironwood state prison was scheduled for release in September 2016 . Kern court, Bakersfield, Ca. is bringing up a 667.5 b on him. My question is shouldn't this matter been addressed at time of sentencing can they retry him again, isn't that like double jeopardy. Thank you


Asked on 6/09/16, 3:00 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Yes - the 667.5(b) is a sentencing enhancement. The court can strike it and not impose it, but it should have been addressed at the time of the plea and/or sentencing.

I don't know what you mean by "bring it up" now. Maybe they're just saying that it wasn't dealt with and had to be addressed.

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Answered on 6/09/16, 3:09 pm


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