View Full Version : What Is Low, Mid, High Term??


MRS.HALLIBURTON
09-16-2008, 01:42 PM
:confused::confused:MY HUSBAND WAS GIVEN A MID TERM ON HIS SENTENCE, CAN ANYBODY EXPLAIN WHAT THAT MEANS??THANKS ALOT!!

Gryphon
09-16-2008, 03:38 PM
Middle term is for the "standard" case. Low term is a significantly mitigated set of facts, and aggravated cas facts get the upper term.

In CA, a sentencing Judge selects one of these sentences from the "triad". The lead count is designated the "principal term". Then, the remaining counts might run fully consecutive (some kinds of violent crime); or could be a "subordinate count" that carries 1/3 of what the middle term would be if the time is to run consecutively.
Once the term is calcualted, then enhancements (if any) are calculated and added to the prison term.

2sleepy
09-16-2008, 03:39 PM
There is a sentencing 'range' for crimes. Here is an example for 211pc (robbery)
(2) Robbery of the second degree is punishable by imprisonment in
the state prison for two, three, or five years.
Two years would be low term, three mid term, five years high term. You can look up any crime you want to to see what the sentencing is by going here:
http://www.leginfo.ca.gov/calaw.html (most crimes in California are listed in the penal code, drug offenses in health&safety code)

MRS.HALLIBURTON
09-16-2008, 04:23 PM
:confused::confused::confused::confused:I HAVE BEEN ASKING OVER AND OVER AND THEY KEEP CHANGING HIS DATE SO PLEASE DONT GET IRRITATED WITH ME :( BUT MY HUS HAD A PROB VIOLATION AND A NEW CHARGE 11350 POSESSION ONLY.THEY GAVE HIM TWO YEARS ON THE PROB VIOLATION, WITH 365 DAYS CREDIT ON THAT CASE..THEN THE NEW CASE THEY GAVE HIM 2 YEARS ALSO WITH LIKE 62 DAYS CREDIT..THE CASES "DID" RUN CONCURRENT WITH THE POSSESSION BEING THE CONTROLLING CASE...HE GOT SENTENCED 2-6-08 ARRIVED IN REC 2-19-08.THE PROBATION WAS A VOILENT CASE, BUT THE JUDGE"STRUCK THE STRIKE" SO THAT HE WOULD NOT GET ANOTHER STRIKE ON THE NEW CASE SINCE IT WAS NON VIOLENT...WHEN SHOULD I EXPECT HIM...THE PAPER HE SENT FROM THE COUNSELOR HAD MIN RELEASE DATE 1-14-09 CIRCLED AND SHE TOLD HIM THAT WAS HIS OUT DATE...THEN THEY CHANGED TO APRIL???EVEN IF IT IS APRIL THAT DOESN'T MAKE ANY SINCE...WHAT DO YOU THINK???THANKS ALOT FOR READING

MRS.HALLIBURTON
09-16-2008, 04:25 PM
On The Sentencing He Gave Him Mid Term 2 Year Thst Why I Had Asked What Does Mid Term Mean???

MRS.HALLIBURTON
09-16-2008, 04:31 PM
I Checked That Site 2 Sleepy And It Says 11350 Was Only Punishable By No Ore Than A Year In The County Jail So How Did They Get 2 Year Mid Term??

Gryphon
09-16-2008, 06:45 PM
I Checked That Site 2 Sleepy And It Says 11350 Was Only Punishable By No Ore Than A Year In The County Jail So How Did They Get 2 Year Mid Term??

You misread the code section somehow. H and S 11350 is 16 mos., 2 yrs., or 3 yrs. in state prison; or up to 1 year in the county jail if the court sentences the defendant to probation.
2 years is indeed the middle term.

When a CA code says "Up to one year or in the State Prison", and no state prison terms are stated, then the crime carries 16 mos, 2 yrs., or 3 years if it results in state prison.

Gryphon
09-16-2008, 06:46 PM
I answered above.
On The Sentencing He Gave Him Mid Term 2 Year Thst Why I Had Asked What Does Mid Term Mean???

Gryphon
09-16-2008, 07:07 PM
I've tried to answer your question previously, and I think the case facts keep changing. I therefore haven't answered the same way twice. You ought to get the Abstract of Judgement to know exactly how the sentence was calculated.

Based on this information:
The Judge dismissed the strike enhancement ("Struck the strike") per P.C. section 1985 and the Romero case. That means the new offence doesn't double in time. The old 2 years with lots of credit ran concurrent to the 2 years with 62 days credit. That means he'll serve no additional time on the old case and the new case is teh principal term. However, since the old case is violent he'll only get 15% conduct credits on this sentence (even though the new case isn't violent.) If a violent case is included in a state prison sentence, the entire sentence is calculated as 15% conduct credits. He gets 12 more days during transport for a toal of 74 days credit. He then owes 646 days, at 85%, which is 550 days to serve as of 2/19/08. That's around 8/26/09 as the earliest possible release date.

:confused::confused::confused::confused:I HAVE BEEN ASKING OVER AND OVER AND THEY KEEP CHANGING HIS DATE SO PLEASE DONT GET IRRITATED WITH ME :( BUT MY HUS HAD A PROB VIOLATION AND A NEW CHARGE 11350 POSESSION ONLY.THEY GAVE HIM TWO YEARS ON THE PROB VIOLATION, WITH 365 DAYS CREDIT ON THAT CASE..THEN THE NEW CASE THEY GAVE HIM 2 YEARS ALSO WITH LIKE 62 DAYS CREDIT..THE CASES "DID" RUN CONCURRENT WITH THE POSSESSION BEING THE CONTROLLING CASE...HE GOT SENTENCED 2-6-08 ARRIVED IN REC 2-19-08.THE PROBATION WAS A VOILENT CASE, BUT THE JUDGE"STRUCK THE STRIKE" SO THAT HE WOULD NOT GET ANOTHER STRIKE ON THE NEW CASE SINCE IT WAS NON VIOLENT...WHEN SHOULD I EXPECT HIM...THE PAPER HE SENT FROM THE COUNSELOR HAD MIN RELEASE DATE 1-14-09 CIRCLED AND SHE TOLD HIM THAT WAS HIS OUT DATE...THEN THEY CHANGED TO APRIL???EVEN IF IT IS APRIL THAT DOESN'T MAKE ANY SINCE...WHAT DO YOU THINK???THANKS ALOT FOR READING

kima
09-16-2008, 11:26 PM
The lead count is designated the "principal term". Then, the remaining counts might run fully consecutive (some kinds of violent crime); or could be a "subordinate count" that carries 1/3 of what the middle term would be if the time is to run consecutively.
Once the term is calcualted, then enhancements (if any) are calculated and added to the prison term.

Gryphon: Is a subordinate count always served at 1/3 when ran consecutively? My husband got high term of 5 years which doubled to 10, plus an additional high term of 3 years on the "subordinate" count (that was doubled to 6 years). Maybe I'm misunderstanding what a subordinate count is???

MRS.HALLIBURTON
09-17-2008, 12:26 AM
his early release date said 1-14-09 and it changed to 4-29-09..that doesn't really add up...but thanks ill just be waiting i am tired wrecking my brain...i appreciate all the help guys:(

Gryphon
09-17-2008, 01:28 PM
The lead count is designated the "principal term". Then, the remaining counts might run fully consecutive (some kinds of violent crime); or could be a "subordinate count" that carries 1/3 of what the middle term would be if the time is to run consecutively.
Once the term is calcualted, then enhancements (if any) are calculated and added to the prison term.

Gryphon: Is a subordinate count always served at 1/3 when ran consecutively? My husband got high term of 5 years which doubled to 10, plus an additional high term of 3 years on the "subordinate" count (that was doubled to 6 years). Maybe I'm misunderstanding what a subordinate count is???

Some crimes are not subject to the subordinate count's 1/3 the midterm rule. Instread they are fully consecutive. Those crimes are usually "violent" by definition.

kima
09-17-2008, 01:43 PM
Thank you, Gryphon. His crime wasn't violent, but considered "serious" (burglary). I guess that means it's not subject to the subordinate count, then.

Gryphon
09-18-2008, 05:14 PM
Incorrect. Residential Burglaries can be subordinate counts, and if they are they carry 16 mos. (the mid term is 4 years.)

Thank you, Gryphon. His crime wasn't violent, but considered "serious" (burglary). I guess that means it's not subject to the subordinate count, then.