Legal Question in Criminal Law in California

i had a strike in 1991 for burglary, no crimes or misdemenors since. in 2008 i caught a felony possesion of marijuana . i served six months in jail in blythe,ca and took three years probation for the judges threat of the 4 years she could give me for the strike. they gave me the maximum sentence. how much more time would i have to do for the strike in 91 if i refused probation


Asked on 8/09/10, 12:55 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

If you were sentenced on felony possession of marijuana (it would have to be felony cultivation, transportation, sales or possession for sales to be a felony) and have a qualifying strike, your sentence could be up to 6 years in state prison. The felony marijuana charges carry 16 months, 2 years or 3 years in prison, doubled because of the strike. If you were sent to prison and the strike imposed, the minimum is 32 months.

From almost 10 years ago with a clean record though, your attorney could run a Romero motion to have the strike stricken for sentencing (sounds like they did or at least argued it) in order to get you probation.

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Answered on 8/17/10, 4:05 pm


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