Legal Question in Criminal Law in California

Voluntary Manslaughter sentence too long?

My cousin was up on a first degree murder (187) charge, but accepted a plea bargain for voluntary manslaughter (192). She got a 14 year sentence, yet when I look up the California penal code it says, ''punishable by imprisonment in the state prison for three, six, or eleven years''.

She supposedly had a good attorney, but I'm not sure he did such a great job. Now, she did plead guilty, but is there anything that we/she can do to get the sentence reduced.


Asked on 3/06/03, 7:12 pm

3 Answers from Attorneys
David Diamond Diamond & Associates

Re: Voluntary Manslaughter sentence too long?

THERE MAYBE MANY OPTIONS, but we will need more information. GIVE US A CALL LARRY WOLF

310 277 1707 YouAreInnocent.com

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Answered on 3/07/03, 12:26 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Voluntary Manslaughter sentence too long?

you may want to try motioning for appeal on the sentence according to the code you discovered regarding your cousin's sentencing, especially if there were no additonal charges or aggravating circumstances that the sentence was based upon. if you would like further assistance, email me with the specifics of the case, the sentence, etc..and i may be able to assist you.

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Answered on 3/06/03, 7:28 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Voluntary Manslaughter sentence too long?

Thanks for your inquiry.

There are other factors here, such as enhancements for priors, other charges alleged with the voluntary manslaughter, and the existence of prior strikes, that go into answering your question, and are difficult to guess on the information provided.

If the judge truly did not follow the law in applying the sentence, then you do have the right to appeal or file a writ, if only to get the correct sentence.

Thanks, and best of luck to you.

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Answered on 3/06/03, 7:31 pm


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