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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #101  
Old 08-15-2019, 02:32 PM
gvalliant gvalliant is offline
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Originally Posted by Marie_blank View Post
San Diego county used ab2942 to initiate resentencing. The man was sentenced 50 years to life. He was released in June after serving 13 years. He was a third striker. Idk why this is just now coming out but Im glad they are open to the new law. I always was told San Diego county is a tuff one
I stumbled across this today:

https://www.nbcsandiego.com/news/loc...513628211.html

This is the case you were referring to. According to the news article this is the first DA initiated resentencing in the state under the 2942 amendment to the law. So there has been one and the San Diego DA office put a link on their site inviting inmates in San Diego jurisdiction to send their petition to resentence.

https://www.sdcda.org/prosecuting/re...-requests.html

It's not much. But it's a start. Hope others follow.
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  #102  
Old 08-15-2019, 05:28 PM
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This is all encouraging. I still have more reading to do. But a few things.

Are you reading this Qwerty? I don't think you're done. Get prepared for a DA referal.

CDCR should be first attempt. If it doesn't work then go DA. The DA will be a harder process plus it's clearly not ready yet. When it is ready, as pointed out in the materials, if a DA recommends you have a virtual slam dunk in court. What judge is going to rule against defense and prosecution agreeing in the matter? No sane judge will fight that.
And of course the inverse is true: no DA support, no go. So no, I don't see a DA referral in our future.

What is so confounding about this process is that even when the Sec. of CDCR recommends an inmate (as Kernan did in our case), the court and DA don't have to play along.

We were denied by the judge, and in the end not supported by the DA (he initially indicated he might back us). My husband knows other guys eagerly recommended by CDCR staff but the DAs didn't support them and they were denied resentencing in court.

You really need the wholehearted support of prosecutors for this to work, in my opinion.

Fortunately, my guy falls under SB 1437 so we're putting our hope there. Our "successful" 1170(d) was a huge disappointment, especially after we got one of the first recommendations the Secretary ever granted.
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  #103  
Old 08-15-2019, 05:51 PM
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What is so confounding about this process is that even when the Sec. of CDCR recommends an inmate (as Kernan did in our case), the court and DA don't have to play along.
How much of this, in your best estimation, is just a pure absence of experience to follow on the part of the DA/judges? We've seen this so many times-- laws and regulations change on paper, but without some sort of case or example to fall back on, they revert to the safety of "no" rather than buckling down and creating that example.
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  #104  
Old 08-22-2019, 02:57 PM
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I spoke with my husband and every counselor he has talked to does not know what he is referring to. How exactly can we go about seeing who we can talk to for a possible recommendation by CDCR?
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Old 08-22-2019, 03:57 PM
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I spoke with my husband and every counselor he has talked to does not know what he is referring to. How exactly can we go about seeing who we can talk to for a possible recommendation by CDCR?
It does not have to be a counselor. It can be any staff member or volunteer (for example, a friend of my husband's was just recommended by one of the outside self-help groups recognized by CDCR and it's going through the channels now).

If your husband has a job and a good relationship with his supervisor, that could be an option. A teacher. Just remember that you're asking someone to put their name as collateral for your husband's behaviour and potential recidivism. That's a lot to ask and so the person making the recommendation needs to know like they know like they know that your LO is worth that risk.
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  #106  
Old 08-22-2019, 05:16 PM
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How much of this, in your best estimation, is just a pure absence of experience to follow on the part of the DA/judges? We've seen this so many times-- laws and regulations change on paper, but without some sort of case or example to fall back on, they revert to the safety of "no" rather than buckling down and creating that example.
I think you hit the nail (partly) on the head. The judge had NO idea what to do with it and ruled without even holding a single hearing.

The DA, however, was familiar with 1170(d) because we educated him about it a few years earlier. We could have re-petitioned the judge to open it up again, but the DA decided not to play along, so we didn't think our chance of success would have been good without that support.

In the end, we just chose to wait for SB 1437 to pass, which has its own frustrations now with every county doing whatever they feel like about it! More hurrying up and waiting...
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  #107  
Old 08-31-2019, 11:48 AM
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I think the biggest issue is that if you had a DA initially give you a harsh sentence, what would make them change their mind? And if you have a tough judge, I don't see them doing anything to help either - too much risk for them (remember Brock Turner?).



I think that 1170(d) needs a few more years to see how it's going to work. I would hate to do it and then the law is applied the correct way, but you've already been turned down and they would then turn you down again.
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  #108  
Old 09-03-2019, 02:26 PM
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Latest LSA newsletter addresses 1170d and other resentencing laws. The short of it is: it's complicated. LSA and PLO are my top two trusted resources on this stuff so if I come across any other info, I'll be sure to post it.
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File Type: pdf AUG LL.pdf (226.4 KB, 12 views)
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