WHAT IS THIS PAPER.MY BF WAS GIVEN 2 WITH HALF AND WHEN HE GOT TO THE PEN THEY ARE TRYING TO SAY ITS 85%.WELLL I GOT THE ABSTRACT OF JUDG IT SAY HE WAS CON OF 11350 POSS OF CONTRL SUBS AND WAS GIVEN 2 YEAR MID TERM??/HE GOT TO REC 2-19-08 AND TO AVENAL 6-1-08 CAN ANYBODY SUGGEST WHEN HE SHOULD GET OUT.HIS PAPER THE COUNSELOR GAVE HIM AT THE TOP IT SAY MIN ADJ REL DATE 1-14-08 BUT THEN WAS TOLD HE GETS OUT 4-29-08???WHICH DATE IS THE RIGHT DATE???PLEASE ANY ???:angry:

11350 is indeed a 16 mo., 2 yr. or 23 yr. prison term; so 2 yrs. is the mid term. It is non-violent (drug possession) so it isn't 85%; and it is 50% unless he admitted a prior "strike" enhancement (but that would have caused the sentence to double to 4 yrs.)
The April out date could be wrong, since if he had zero credits on arrival at CDCR he'd still be getting out in February.

If he lost conduct credits as the result of misbehavior, that could explain the farterh way out date. If he's housed somewhere like the SHU at Pelican bay (or some sort of administrative punishment housing), he may be earning only 15% conduct credits.
Of course, if he had a parole violation that didn't run concurrent or if he had any other counts or cases he was sentenced on, that could also explain why the out date is farther out.

WHAT IS THIS PAPER.MY BF WAS GIVEN 2 WITH HALF AND WHEN HE GOT TO THE PEN THEY ARE TRYING TO SAY ITS 85%.WELLL I GOT THE ABSTRACT OF JUDG IT SAY HE WAS CON OF 11350 POSS OF CONTRL SUBS AND WAS GIVEN 2 YEAR MID TERM??/HE GOT TO REC 2-19-08 AND TO AVENAL 6-1-08 CAN ANYBODY SUGGEST WHEN HE SHOULD GET OUT.HIS PAPER THE COUNSELOR GAVE HIM AT THE TOP IT SAY MIN ADJ REL DATE 1-14-08 BUT THEN WAS TOLD HE GETS OUT 4-29-08???WHICH DATE IS THE RIGHT DATE???PLEASE ANY ???:angry:

Let Me Give You A Little More Detail.he Was On Probation For A Robbery He Was Picked Up At Home 1-3-08 And Charged With Possession (less Than An Ounce) So What They Offered Him Was To Run The Probation Case And The New Case Toghther.on The Prob Case They Gave Him A Violation, Then Gave Him 365 Days Credit On The Probation Case.then The New Cse He Got Two Years.the Judge Said In The Transcripts Strike The Strike ( Not A Violent Crime) And Gave Him Mid Two Year Term.and They Said The Cases Were Ran Toghther.so He Got To Lancaster 2-19-08 And Saw The Counselor.she Gave Him His Date As 1-14-08, He Sent Me A Paper That Said That.then He Got To Avenal 6-1-08 And When He Saw The New Counselor He Told Him 4-29-08, Then He Got Called Back In And They Told Him 5-1-09. I Have The Abstract That Says The Cse He Was Convicted Of Was The 11350. My Thing Is Ok We Were Expect Him To Do 85% Because We Knew He Had A Prior Strike But My Calculations May Is Not 85%.could You Help Please.thanks!!!:(

I read my last post, and typoed the upper term on the drug charge. That'll be a 3 yr. upper rather than a "23" year upper!

The additional information you provided does in fact change a lot. It doesn't answer all your qustions, though. This will get a little complicated. I think that teh problem has to do with what ran concurrent to what. That'll make a full year difference on the out date, perhaps more.

He had a robbery and a drug charge. When his probation was revoked on the robbery, he was sent to state prison on both counts. The good news was hat they decided to NOT strike him on the drug case. If they had done so, that would have doubled the time, plus he could have recieved additional time for the robbery.
Because he went to prison on charges that included a violent crime (all robberies are by definition violent) the sentence should recieve only 15% conduct credits (including any local jail time). Writing that a robbry is "non-violent" on a document doesn't make a robbery non-violent because there's no such thing as a non-violent robbery (by definition robbery requires force or threat of force).
Credits for local time served only applies to the case it was served on. Therefore, teh out date depends on which count was the principal term and which count ran concurrent. If teh Robbery ran concurrent, then all the credits earned on teh robbery wouldn't be applied towads teh drug case! If the drug case runs concurrent, then he subtracts all those local credits from the total sentence.
My suspicion is that the out date confusion is due to trying to figure out which count is the principal term (and therefore which credits ought to apply, if any).
If you compare the sentence abstract with the change of plea transcript and anything related to the sentencing hearing (which could include minute orders), you might find your answer. Of course, if the court clerk got it wrong on the paperwork that could cause him to not get all those credits subtracted from his sentence. Or, it is possible that in fact he recieved the benefit of his bargain. Any problems at teh local level would need to be fixed after setting a review court date. The trial attorney would set that date.

The most he'd be doing is approximately 612 days. (360 x 2 x .85). The least is less than 247d. (360 x 2 - 365 local credits -[actual time to transport to CDCR] ; and that balance x .85). It'll depend on whether the local credits get applied towards the sentence.


Let Me Give You A Little More Detail.he Was On Probation For A Robbery He Was Picked Up At Home 1-3-08 And Charged With Possession (less Than An Ounce) So What They Offered Him Was To Run The Probation Case And The New Case Toghther.on The Prob Case They Gave Him A Violation, Then Gave Him 365 Days Credit On The Probation Case.then The New Cse He Got Two Years.the Judge Said In The Transcripts Strike The Strike ( Not A Violent Crime) And Gave Him Mid Two Year Term.and They Said The Cases Were Ran Toghther.so He Got To Lancaster 2-19-08 And Saw The Counselor.she Gave Him His Date As 1-14-08, He Sent Me A Paper That Said That.then He Got To Avenal 6-1-08 And When He Saw The New Counselor He Told Him 4-29-08, Then He Got Called Back In And They Told Him 5-1-09. I Have The Abstract That Says The Cse He Was Convicted Of Was The 11350. My Thing Is Ok We Were Expect Him To Do 85% Because We Knew He Had A Prior Strike But My Calculations May Is Not 85%.could You Help Please.thanks!!!:(

:)OK YOU HAVE BEEN TRULY HELPFUL AND MY HUSBANDS THANKS YOU AS WELL.SO IF THEY GAVE HIM A DATE OF 5-1-09 THEN IS THAT ONE OF THE SCENERIOS YOU EXPLAINED TO ME.THANKS SO MUCH AND GOD BLESS:o

:)OK YOU HAVE BEEN TRULY HELPFUL AND MY HUSBANDS THANKS YOU AS WELL.SO IF THEY GAVE HIM A DATE OF 5-1-09 THEN IS THAT ONE OF THE SCENERIOS YOU EXPLAINED TO ME.THANKS SO MUCH AND GOD BLESS:o
Maybe.
That would most closely match the scenario where he does 85% of 2 yrs. with some presentence credits. He'd have to serve a little over 20 mos. stual time on a 2 year term. Depending on the post arrest credits he recieved on the drug case , he may have been able to earn enough credits to get close to that out date. However, it seems to me that he recieved some "bonus credits" from somewhere if this really was the sentencing scheme.
Again, the answer to what the court's intended sentence was should be in teh Sentence Abstract. It'll say what ran concurrent to what (at least it'll state the clerk's interpretation of the Judge's order. Whether the interpretation was correct is a different matter.)

THATS WHAT I AM SAYING HIM GETTING A RELEASE DATE OF 5-1-09 IS NOT 20 MONTHS SO WHAT IS REALLY HAPPENING???:confused:

THE ABSTRACT OF JUDGEMENT SAUS HE WAS CONVICTED ON 11350 POSS OF A CONTRL SUB AND HE WAS GIVEN 2 YEARS WITH 51 DYAS CREDIT....THIS IS MOND WRECKING???I DID THE MATH THIS WAY 2 YEARS 730 -365DAYS LEFT HIM WITH 365 X .85% IS 10 MONTHS..THAT SEEMS MORE ACCURATE COMPARED TO THE RELEASE DATE.IF THATS THE CASE THATS OK.HE WAS JUST MISLEAD INTO THINK ING HE GOT 2 YEARS WITH HALF 365 DYAS CREDIT SO HE THOUGHT HE WAS DOING A TURN AROUND..IT SEEMS LIKE SOMEBODY HAS MESSED UP BECAUSE 20 MONTHS WOULD MAKE HIS DATE LIKE DEC AND THEY GAVE HIM 1ST 1-14-09 THEN THEY MOVED IT TO 4-29-09 THEN 5-1-09 AND HE HASNT GOT INTO ANY TROUBLE HE ALSO IS WORKING..:confused: