View Full Version : sentenced reduced thanks to Blakely & apprendi


anuirri
03-13-2005, 10:47 AM
My husband was sentenced illegally to 4 year, one more year over the max range for an F5 felony. He had a car accident, he was drunk but the judge gave him one more extra year due to prev DUI. We contacted the public defender and she filed a 35a motion and we got it ...please help me calculated the projected release time assuming good behaivor.
He got his sentenced reduced from 4 years to 3. He served 493 in community corrections,messed that one up, was xfer to DOC now his MRD is Feb 06. Does anybody know if he would get more earned time to reduce his MRD? :)

deb
03-13-2005, 10:51 AM
I moved your post to the Colorado forum as I'm assuming your husband is in Colorado as well... The folks here should be able to help you as each state is different.... Good luck!

Deb

anuirri
03-13-2005, 10:55 AM
I though I was in the Colorado one--lol--first time user !! Thanks!!

deb
03-13-2005, 11:00 AM
Not a problem... :) You might also want to read thru the Colorado forum as well as the legal forum to see what others have posted about this....

Deb

Es Wifey
03-29-2005, 04:06 PM
I am in Virginia and my husband is an inmate in Virginia also he was sentenced to serve 85% of a 10 year sentence on a possesion of cocain charge. I am determined to help him because it just doesn't seem fair how much time he recieved...Does anyone know how to help me...so I can help him.

anuirri
03-30-2005, 05:47 PM
Hello, did he received aggravated charges and if so when? My husband received aggravated charges for vehicular assault without a Jury, no previous criminal record and he was not in parole or probation at the time. The maximun amount allowed in F5 felony is 3 years. He received 4 because the judge decided to aggravated his charges. We filed a 35a motion with the public defendor and his sentenced was reduced in light of Blakely v Wahington. His MRD is now 11/05.

cowclt
03-08-2006, 10:16 AM
Hello , I Am A Mother Of A 19 Yr Old Boy In Texas Prison . He Is Serving
A 60 Yr Sentence For Murder. I Am Trying To Find Help To Get This Sentence Reduced. The Jury Did Not Get To Hear Everything That Happened Because My Son Changed His Plea Only A Few Hours After The Trial Started. And The Only Reason That It Was A Few Hours Was That We Broke For Lunch. Now , I Need To Help Him. He Is A Good Kid. Never In Trouble Before This And He Never Had Me As Part Of His Life Until Everything Happened . That Was Not His Fault Though. That Was Between His Father And Mysekf. Now I Want Him To See That He Is Worth Fighting For And That He Is Loved . Things Should Have Been Different For Him When He Was Growing Up And If They Were , He Would Never Have Been Put In That Situation. Alot Of People Failed This Child. So If There Is Anyone Out There That Can Help Me Or Knows Anyone That Could. Please Contact Me.