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  #1  
Old 08-16-2020, 09:56 PM
Ashbash610 Ashbash610 is offline
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Default Help with early release/ re-sentencing

Hello,

So I've been trying to look into helping my boyfriend with getting an early release/ being re sentenced. He's been in a California state prison going on ten years now for three counts of second degree 211 PC FEL, and gun and gang enhancement. his total sentence is 27 years, but the two enhancements charges make up 13 years and 4 months of the time. Since years have went by, of course, we were told that there's no appeal option for him. So, is there something we can do or look into to at least get the enhancement charges dropped or reduced? While in there he has maintained a job, went to the AA meetings (I think) just to stay busy, and was even a tutor for some time. What can I do????? If these charges were dropped or even reduced he could be closer to coming home to his daughter and family.

Sidebar: I know.... why wait so late to start trying to do this?! We just started back talking (he's my first love) because his mother is not computer savvy, so she asked me for help to look into things to get him home. So, that's how me, him, and his family all reconnected- I started helping a lot. BUT I FEEL STUCK AND HELPLESS!

As much advice as possible is highly appreciated!
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  #2  
Old 08-17-2020, 11:42 AM
enigmaingr enigmaingr is offline
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I am probably not telling you anything someone else hasn't before...unfortunately, there is no easy or short way out of this; particularly if he went to trial and lost.


When is he eligible for parole? With no direct appeal options, looking toward parole eligibility is his best bet. Unless he can somehow show he is actually innocent of the gang enhancement.
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Old 08-18-2020, 12:45 AM
frees frees is offline
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eh, I've seen a few who went in to get resentenced after 15 years....soooo....its a shit process, it really is, too many careerists prosecutors...got to get in there if you can. If you can...go for it. With a sentence like 27 years...and no access to a law library. You might be his only chance.
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Old 08-18-2020, 10:18 AM
gvalliant gvalliant is offline
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New regulations under Penal Code 1170(d)(1) could apply to him. Download, read, and understand those. Additionally download CDCR Title 15 CCR 3076.1 through 3076.5. These are the new regulations CDCR drafted in response to their authority under 1170(d)(1). Based on your description he "might" qualify for resentence under 2 of the 4 cohorts.

Exceptional conduct cohort. He can request consideration through any CDCR personnel (CO or counselor for example). He needs 10 years in, sounds like he's close. Make sure you understand requirements CDCR has developed to see if he really has a chance.

He could also qualify under cohort of inmates with enhancements. CDCR is supposed to automatically review those who have served 5 years or greater. They are prioritizing 211 sentenced to minimum 2 year term with 10 year 12022.53 gun enhancement. Same thing, read and understand whether he might qualify.

Your description does not sound correct. In his convictions are three 211 convictions? That's a minimum of 2 years each totaling 6 years. Then 13 years for the 2 enhancements should total 29 years. You need to get his abstract of judgment to find out exactly what he was convicted / sentenced to. Each count, each sentence, proper numbers detailed out.
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  #5  
Old 08-20-2020, 06:00 AM
sidewalker sidewalker is offline
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**You need to get his abstract of judgment**
This will be at the court house where he was sentenced. Check the county web site to see if they have any info there. I walked in and asked for it. It cost me something like a dollar to get it
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Old 09-30-2020, 09:30 PM
Ashbash610 Ashbash610 is offline
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His earliest parole Release date is 2/2037. There wasn’t any factual proof- he just got arrested in a particular project that Some of his family Members reside In. He was leaving a basketball game in the gym, asked a neighborhood friend for a ride around the corner to his grandmother house because he didn’t want to hang out with his cousin in the projects. Well, the police Pulled the friend over and discovered a gun is his car.
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Originally Posted by enigmaingr View Post
I am probably not telling you anything someone else hasn't before...unfortunately, there is no easy or short way out of this; particularly if he went to trial and lost.


When is he eligible for parole? With no direct appeal options, looking toward parole eligibility is his best bet. Unless he can somehow show he is actually innocent of the gang enhancement.
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  #7  
Old 09-30-2020, 09:33 PM
Ashbash610 Ashbash610 is offline
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Ok
when I obtain those records, what do I do after that?

Quote:
Originally Posted by sidewalker View Post
**You need to get his abstract of judgment**
This will be at the court house where he was sentenced. Check the county web site to see if they have any info there. I walked in and asked for it. It cost me something like a dollar to get it
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  #8  
Old 09-30-2020, 09:37 PM
Ashbash610 Ashbash610 is offline
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That’s why I’m trying to help to the best of my ability- as well as exhaust my options before his mother and family start putting top dollar into it.
If you don’t mind me asking, what did the people who were resentenced after 15 years do to get to that point?
Quote:
Originally Posted by frees View Post
eh, I've seen a few who went in to get resentenced after 15 years....soooo....its a shit process, it really is, too many careerists prosecutors...got to get in there if you can. If you can...go for it. With a sentence like 27 years...and no access to a law library. You might be his only chance.
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  #9  
Old 09-30-2020, 09:49 PM
Ashbash610 Ashbash610 is offline
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Thank you for such detailed thread! I have to go obtain his abstract like you said because I only know what he has filled out for one of the innocence project paperwork. All I know is, they originally got him for something his cousin did- the cousin put the blame on him. They had 3 witnesses that originally said it was not him then they came back a couple court dates later and one changed his mind and said it was him while the other person stuck to his word. Once I find out the accurate details, I will update my response. Again, thank you for taking the time out to write such detailed message. I will look those up and understand them or at least get some help trying to know them to a science.
Quote:
Originally Posted by gvalliant View Post
New regulations under Penal Code 1170(d)(1) could apply to him. Download, read, and understand those. Additionally download CDCR Title 15 CCR 3076.1 through 3076.5. These are the new regulations CDCR drafted in response to their authority under 1170(d)(1). Based on your description he "might" qualify for resentence under 2 of the 4 cohorts.

Exceptional conduct cohort. He can request consideration through any CDCR personnel (CO or counselor for example). He needs 10 years in, sounds like he's close. Make sure you understand requirements CDCR has developed to see if he really has a chance.

He could also qualify under cohort of inmates with enhancements. CDCR is supposed to automatically review those who have served 5 years or greater. They are prioritizing 211 sentenced to minimum 2 year term with 10 year 12022.53 gun enhancement. Same thing, read and understand whether he might qualify.

Your description does not sound correct. In his convictions are three 211 convictions? That's a minimum of 2 years each totaling 6 years. Then 13 years for the 2 enhancements should total 29 years. You need to get his abstract of judgment to find out exactly what he was convicted / sentenced to. Each count, each sentence, proper numbers detailed out.
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