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angry:

I answered a form of your question when you posted it elsewhere. In your other post, I took you to mean that his probation case was a burglarly, not a Robbery. I might have given you incorrect numbers if I misunderstood you.
I can tell what part of the problem is. It has to do with how CDCR defines concurrent. The lawyer and the inmate might have been thinking concurrent meant no additional time. In fact, that isn't the case. Also, the out date will change depending on which count is principal and which is subordinate. If the inmate questions the sentence and wants to consider withdrawing from the plea bargain, he needs to contact the trial lawyer.

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angry:

Hi And Thank You For Replying But I Am New And Just Figuring Out How This Posting Works...but If You Could Run Your Figures By Me Again...the Release Date Of January Seemed More Logical Than April But If You Could Run By Me What You Think Is Right Just So We Can Have Clearification...i Haven't Been Able To Talk To His Attorney So He Is No Help And He Is The One That Told Us My Husband Would Be Doing Less Than A Year And Now Its 14 Months.......

You posted this in the Legal Help thread on the forum's front page:
"Hi My Husband Was Arrested 1/2/08 They Raided Our House, But He Was On Probation For A Burglary And Had Been Out Since 12/8/06.they Charged Him With An 11350 In January (for 20 Bag Of Weed) So Anyways We Got A Lawyer And 2/5/08 Thye Offered Him A Two Year Deal And This Is Were It Gets Confusing: I Have The Transcrips So I Am Putting This How It Is...on The Probation Case The Judge Struk His Strike(doesn't That Mean Half?) He Had 1 Strike From The Probation Case, So They Struck The Strike Gand Gave Him 365 Days Credit On That Case.they Ran The Cases Together And On The New Case They Gave Him Two Years And 52 Days Credit.if They Ran Them Concurrent Can You Please Tell Me How Much Time He Should Be Doing.his Counselor First Said Jan 14, Now Its April 29!!!is That Right?"

My previously posted reply:
"You may end up being sorry you asked. So...

I'm assuming this is CA. (BTW, 11350 H and S covers various drugs, none of which is marijuana.)
His prior is a residential burglary, 459 P.C. I know because that's the kind of burglary that's a strike. One strike prior is supposed to cause all future felonies to be served at double time, mandatory prison, and then at only 20% conduct credsits at teh most. (Most felonies resulting in prison sentences carry 50% conduct credits. Violent crime carries 15% conduct credits.) Residential burg carries 2,4, or 6 years.
The new crime carries 16 mos., 2 yrs. or 2 yrs.
The 1st thing you need to figure out is which count is the principal term and which is subordinate. The court file would have this information. One of these two cases resulted in 1/3 of the what the middle term carried. That's the "subordinate" term. It makes a difference in an out date calculation because he could have:
459 1st degree low term of 2 years with 1 year credit, plus zero time from the 8 mos. (1/3 of 2 yr. middle term) concurrent case. He'd have a little more than 6 more mos. (1 yr. at 50% conduct credits) to serve. HOWEVER, if the principal term is 2 yrs. on the new case with zero pre-sentence credits, and he gets 1/3 of the 4 yr. middle term on the 459 1st PC with 1 yr. credit, then 2yrs. plus (1/3 of 4 years minus 365d.= 122d.); for a total still to serve of 2 yrs. 122d, at 50%, yields time to serve of 1 yr. 61d.
Although it is possible a judge made teh new case the principal term, it is far more likely that the burglary is teh prisncipal term beause it carries more time. That makes the lower number (a little over 6 mos. to serve as of sentencing) more likely.
He was fortunate assuming the DA had a provable case. With a strike, he could have recieved up to 6 years on the drug case had he lost at trial; and the minimum would have been 80% of 32 mos. The, he'd get the additional 122 days from the original case.
If it turns out that the probation case was an occupied dwelling at the time of the burglary, that changes everything. Being occupied makes the burglary "violent" crime, and he'd only be able to recieve a mere 15% (rather than 50%) conduct credits. Also, he coul;d get out sooner if he gets into fire camp and otherwise would recieve 50% conduct credits. Once working in firecamp, conduct credits increase from 50% to 65%.

Beware that a strike is forever. It never goes away. It would be very very unusual to get 2 breaks and not have a strike imposed. On top of that, for a long time he'll have a 1 yr. enhancement because of doing a prison sentence. The smallest felony drug case , that someone else might get 60 days of home monitioring for, could cost him 16 mos. times 2, plus 1 yr.; for a total of 3 yrs. 8 mos. at 80%! A middle term for the least serious felonies jumps to 4 years (2yrs. x 2), plus 1 yr. enhancement; for 5 yrs at 80%.
If he happens in the future get be convicted of another "strike", thereafter any felonies carry 25 to life (unless a Judge or DA decides to ignore the State Legislature, which is nothing you'd want to bet on.)

In order to calculate an exact out date, you'd also need to know the date he arrived at CDCR Reception. From sentencing until arrival, he recieves day for day credit.

Good luck."

The distiction between a burglary and a robbery is very important. If it was a Robbery (instead of a burglary), that is a violent crime and he'll only get 15% conduct credits on his entire sentence!



Hi And Thank You For Replying But I Am New And Just Figuring Out How This Posting Works...but If You Could Run Your Figures By Me Again...the Release Date Of January Seemed More Logical Than April But If You Could Run By Me What You Think Is Right Just So We Can Have Clearification...i Haven't Been Able To Talk To His Attorney So He Is No Help And He Is The One That Told Us My Husband Would Be Doing Less Than A Year And Now Its 14 Months.......

Ok Let Me Be A Little More Clear.the Probation Was For Robbery Not Burglary Of A Check Cashing Place.he Had Took On That 1 Year County Time 3 Yeaers Probation And 1 Strike.you Were Right He Had Poss Of Weed And Cocaine.they Fropped The Weed And Possesssion For Sale, And Gave Him A Straight Possession Charge.when They Moved The Probation Case To The New Case This Is What The Minute/transcipts Say.they Start With The Possession Case: 2 Year Mid Term, This Is Not A Strike Case And The Judge And Da Agreed To Strike His Strike,.they Ran The Cases Toghther And He Said The Probation Case Is Violated Gave Him Two Years On That With 365 Days Credit.then The New Case He Got 2 Years And Like 52 Days Credit For The Time He Had Been In The County.so What Does He Have To Do ??i Am Sorry To Keep Bugging But This Is Nerverecking.thanks

If you get the sentence abstract you can see if my guess is accurate. I still have some doubt about which case was was running concurrent to which principal term, and I'm making a couple of educated guesses.

Best Guess:
Since the court gave him 2 years on the Robbery, that'll be the principal term because Robbery is the more serious charge). The new drug case ran concurrent to the robbery, the 52 days credits attached to that.
He'd have a year to serve on the 2 years. He'd have 678 days to serve on the concurrent sentence! The effect would be for 1 year of the 678 days to run concurrent. That leaves 313 days to serve on that concurrent count. As you can see, some of the concurrent sentence was longer than the principal count it was running concurrent to!
It usually takes at least a couple of weeks to transport an inmate to CDCR Reception. 313- 21 d. (estimated)= 292 days to serve upon CDCR REception arrival.
Then, since Robbery is a violent crime, he has to do 85% of that time. 292 x .85= 249 days remaining (approx.) to be served as of his arrival at CDCR Reception.



Ok Let Me Be A Little More Clear.the Probation Was For Robbery Not Burglary Of A Check Cashing Place.he Had Took On That 1 Year County Time 3 Yeaers Probation And 1 Strike.you Were Right He Had Poss Of Weed And Cocaine.they Fropped The Weed And Possesssion For Sale, And Gave Him A Straight Possession Charge.when They Moved The Probation Case To The New Case This Is What The Minute/transcipts Say.they Start With The Possession Case: 2 Year Mid Term, This Is Not A Strike Case And The Judge And Da Agreed To Strike His Strike,.they Ran The Cases Toghther And He Said The Probation Case Is Violated Gave Him Two Years On That With 365 Days Credit.then The New Case He Got 2 Years And Like 52 Days Credit For The Time He Had Been In The County.so What Does He Have To Do ??i Am Sorry To Keep Bugging But This Is Nerverecking.thanks

SO WHY WHEN HE FIRST (I KNOW U DON'T KNOW EVERYTHING BUT YOU ARE GOOD:)WHEN HE FIRST SEEN THE COUNSELOR SHE SAID HIS RELEASE DATE WAS JAN 14 2009?THAT WAS FINE THEN SHE BROUGHT HIM BACK AND SAID APRIL 29?????:angry:

SO WHEN WOULD YOU SAY WOULD HE POSSIBLY BE COMING HOME.I AM SO TIRED OF STRESSING AND THIS IS HIS FIRST TIME TO THE PEN SO HE IS STRESSING AND THEY HAVE HIM WITH ALOT OF LIFFERS AND THIS IS JUST CRAZY!!!!!!!!!!:mad:

SO WHEN WOULD YOU SAY WOULD HE POSSIBLY BE COMING HOME.I AM SO TIRED OF STRESSING AND THIS IS HIS FIRST TIME TO THE PEN SO HE IS STRESSING AND THEY HAVE HIM WITH ALOT OF LIFFERS AND THIS IS JUST CRAZY!!!!!!!!!!:mad:
As I said above, approximately 249 days from the date of his arrival at CDCR. You didn't say what that date was. The number is approximate because of the estimates I made (as per my earlier post.)
Because of the robbery, his security classification is going to be Level 3 at best, and likely a Level 4. Yes, he's being housed with a tough crowd.

Take solace in the knowledge that, assuming the DA could prove the new charge, he could have been locked up for quite a while longer. In a less busy court, this case could have resulted in a sentence of many more years. (For instance: mid term doubled on the single drug charge is 4 years with only 52 days credit, plus 1/3 the mid term on the robbery, all served at 85%)

My guess is that teh error in the out date had to do with trying to puzzle out the Sentence Abstract prepared by the clerk in the senencing court. It had to look like a mess when teh clerk made her notes, and might not have been much easier to understand when it was put on the CDCR form. You've explained the situation to me a couple of times, and I'm still not positive that I have correctly interpreted the sentence.

He Was Sentenced 2/5/08 For To Lancaster 2/19/08 And Now At Avenal Since Around The Beginning Of June.and He Said That Is A Level 2 I Think But He Said His Points Are Low.so The Time Starts When He Gets To The Prison?so 249 Starting 2/19/08 Then I Am Wondering Why She Said April 29..and The Paper He Sent Me That His Counselor Gave Him Does Not Say Alot It Just Says He Got A 2 Year Sentence And 34 Actual Custody Credit Plus 16 Godd Time Something Like That But The Total Days Credit Was 52...

WHAT IS A SENTENCING ABSTRACT HE HAS BEEN HAVING ME GO DOWN AND GET ALL THIS STUFF ROM THE COURT.I HAVE A MINUTE ORDER AND THE CLERK SENT ME THE ORIGINAL TRANSCRIPTS.JUST WONDERING WHAT AN ABSTRACT IS?:confused:

The sentence abstract is the form that the court sent to CDCR after sentencing. A copy is in the court file. It is teh document CDCR relies on when calculating his sentence. The clerk's minutes from the sentencing and the change of plea transcript can be comapared against the sentence abstract to make sure that the abstract was done correctly per the court's orderes and intent of the plea bargain.

WHAT IS A SENTENCING ABSTRACT HE HAS BEEN HAVING ME GO DOWN AND GET ALL THIS STUFF ROM THE COURT.I HAVE A MINUTE ORDER AND THE CLERK SENT ME THE ORIGINAL TRANSCRIPTS.JUST WONDERING WHAT AN ABSTRACT IS?:confused:

I Have That And Thats What My Husband Sent Me.alll It Has On There Is The Probation (robbery) Case And It Says Two Years And 52 Days Credit...so That Must Be The Time That They Are Going Off..thanks You Have Been Very Helpful..and One Last Question..by That Being The Lead Case He Should Be Looking At Doing 2 Years At 85 %???or Does He Qualify For Half Time??thanks

..my apologies if this is the wrong section...my friend was out on parole in san diego for robbery 2 degree(2005 conviction)..was arrested and charged few weeks ago..burglary 1st degree and grand theft(over 100,000$ stolen)he was thinking to plea for this new charges..but the DA says to make a quick decision..'cause they might add another
2charge (burglary 1 st degree and grand theft)..my friend says he could plea for the new charges but not for the other 2(cause he isn't involved..)..and the if he go to trial,he will lost..is possible a consecutive sentencing for 2 burglaries (and 2 grand thefts)(thinkin are strikes..and he already got one)?in a few words..if he plea how many years he has to serve?..thanks for your help

I Have That And Thats What My Husband Sent Me.alll It Has On There Is The Probation (robbery) Case And It Says Two Years And 52 Days Credit...so That Must Be The Time That They Are Going Off..thanks You Have Been Very Helpful..and One Last Question..by That Being The Lead Case He Should Be Looking At Doing 2 Years At 85 %???or Does He Qualify For Half Time??thanks

If a case is 85%, and and other count or case is joined to that prison term, then the entire sentence goes to 85%; even counts that by themselves would be 50%. (There's a couple of oddball exceptions where a defendant has mixed credit % situations, but this doesn;t sound like one of those.)

The robbery prior is a strike. The efffect is to cause a prison sentence to double, and for him to serve at least 80% of the sentence.
He has a prior prison term, and that enhancement adds a year. A strike does not double this 1 year enhancement.
1st degree burglary carries 2, 4, or 6 years; doubled with a strike.
Grand theft carries 1/3 of 2 yrs.; doubled with a strike. If it's the same property as the burglary, he can't get addditional time for it. (Per P.C. section 654.)
An additional residential burglary would add 1/3 of 4 yrs; doubled with a strike.
An additional grand theft would add 1/3 of 2 years; doubled with a strike(If in fact it can recieve time).
That makes an absolute maximum sentence 18 yrs. 4 mos., serving 80%. Without the Grand Thefts, the maximum drops to 14 yrs. 4mos. doing 80%.
You don't say what the plea offer is, but if it doesn't include the strike prior that is very important and reduces the sentence a great deal.


..my apologies if this is the wrong section...my friend was out on parole in san diego for robbery 2 degree(2005 conviction)..was arrested and charged few weeks ago..burglary 1st degree and grand theft(over 100,000$ stolen)he was thinking to plea for this new charges..but the DA says to make a quick decision..'cause they might add another
2charge (burglary 1 st degree and grand theft)..my friend says he could plea for the new charges but not for the other 2(cause he isn't involved..)..and the if he go to trial,he will lost..is possible a consecutive sentencing for 2 burglaries (and 2 grand thefts)(thinkin are strikes..and he already got one)?in a few words..if he plea how many years he has to serve?..thanks for your help

the offer INCLUDE strike prior...only 2 new charges(burglary 1st and grand theft)the others excluded,dropped..including time for the parole violations the offer is 9 y 5m...he seriously has to plea with this offer

the offer INCLUDE strike prior...only 2 new charges(burglary 1st and grand theft)the others excluded,dropped..including time for the parole violations the offer is 9 y 5m...he seriously has to plea with this offer
Ah. The DA wants him to admit the strike.

He needs to talk to his lawyer.
If the Grand theft doesn't stand by itself, the Burglary carries 8 years as a mid term enhanced by a strike. The prior prison term adds a year. Another burglary adds 32 mos (1/3 mid term of 4 years, times 2 because of the strike). If the uncharged Grand Theft count doesn't stand alone, it may not add additional time. Depending on case facts, a middle term might not result in more than 10 yrs. 4 mos., which isn't much more than the offer. It might not be such a great deal (but then again, he might not have much to argue with.)