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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 06-01-2020, 12:46 AM
Ashbash610 Ashbash610 is offline
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Default Only 19 with 27 years for 3X second degree 211 PC FEL; Appeals denied; Help

Hello,

My name is Ashley and I’m reaching out on behalf of my boyfriend. We’re trying to obtain any information that can help him with a re- sentence or an early release. This is a plea for help and a cry for justice due to a juvenile being innocent in the harsh and unfair sentencing with the lack of supporting evidence.

He was arrested November 2011 at the age of 19 in Los Angeles, California, and convicted in March 2012 to a 27 years and 4 months sentence for three counts of second degree 211 PC FEL. His base term for those counts totaled 14 years, which he would've been close to time served for. Also, some of the time included were two counts of special allegation- which added an additional 13 years and 4 months.

He was sentenced disproportionately compared to others who have been sentenced for the same crime. There weren’t any factual evidence or proof that he was ever there at the time of those crimes: before, during, or after. Also, there were no evidence of this being a gang crime or enhancement of a gang but instead a false accusation of the allegations.. At just 19 years old, he was charged as an adult and sentenced harshly with having criminal history, but was over sentenced for crimes he did not commit. He claims his innocence for two of the three counts and all special allegations.

Since the courts were doing sentence reversals on anyone younger than 25 years old, he appealed his case to the Appellate Court and Supreme Court, but it was denied. He is losing hope due to both Courts' denials and doesn't know what other options he has left. As he leaves behind his young daughter and other loved ones, he has been trying to do everything in his power to get a more fair sentencing before it's too late, in order to be reunited with family and live a positive lifestyle.

If there is any information that would be beneficial to his case, please let me know.

Thank you.

PS: I’m new to this and this is my very first thread/post, so please bare with me!

Last edited by Ashbash610; 06-01-2020 at 12:50 AM..
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Old 06-01-2020, 05:05 AM
fbopnomore fbopnomore is online now
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Welcome to Prison Talk. He was sentenced to the maximum allowable prison term for every charged count. If the "special allowances" hadn't been added, the maximum sentence for 3 counts of felony 211/2nd degree would have been 5 years per count or a total of 15 years.

Since you say that his appeals were denied by both the CA appellate and Supreme Courts, his remaining appeals will be very limited. My advice is to get a consultation with a lawyer who specializes in criminal appeals in both the California and in the federal courts. They will provide you with accurate information about what legal policies remain, in which courts. The lawyer can also explain your chances of prevailing.

Appeals are difficult to win, and they are usually expensive. His best chance for an early release from his 27 year sentence may lie with the California parole board. A competent "parole" lawyer can increase the chances for being granted parole through a professional parole application.
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Old 06-01-2020, 06:02 PM
enigmaingr enigmaingr is offline
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At 19, your boyfriend was not a juvenile. I know many of us come to see 18-21 year olds as old kids, but the reality is that in the criminal justice system, 19 is definitely "adult"; you're practically middle-aged by your early 20s compared to most states' prison population; and by the time you're in your 30s, you're an old man / woman.



That said, I would agree that your boyfriend must start really thinking about increasing his parole chances. I assume by your post that your boyfriend went to trial and lost; short of evidence supporting actual innocence, I don't know if any remaining appeal options will be fruitful.



Appeals are complex, and in many states, you must raise all issues from the start, and cannot re-litigate issues that you've already raised on appeal, leaving you with essentially newly discovered information or changes in the law.



It does not really matter that he was sentenced disproportionately to others who happened to be convicted of the same crime but were not a part of this case. He might have an argument if he got significantly more than a co-defendant, particularly if he was less culpable. But even that depends on whether any co-defendants took pleas.



Aside from the standard advice to "find an attorney that specializes in your area and issue", I would say when it comes to appeals, find and talk with several before deciding to shell out money. Your boyfriend may already have a copy, and if so, you should ask to see the trial transcript, if you haven't already read it; particularly if you personally didn't attend the trial. Read it close and with an open eye, trying to put yourself in the jury's seat. An appeal lawyer is going to need that and is effectively limited to the evidence and arguments presented during trial, so if you're willing to put up the money, you absolutely should see that for yourself before deciding to pay an attorney and possibly go into debt.
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Old 06-02-2020, 11:03 PM
gvalliant gvalliant is offline
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I agree with both posts above.

Laws are changing all the time. One law we have a thread on is PC1170(d)(1). In time it "could" help him. CDCR has written regulations regarding that resentencing opportunity. He is 8 or 9 years incarcerated now? After 10 years of exceptional behavior in prison he can request that he be considered for resentence.

I'm assuming from your description that he was sentenced for more than the minimum for his conviction as fbopnomore assumes. That being the case, this could reduce his sentence. Perhaps substantially.
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Old 06-03-2020, 07:49 PM
Ashbash610 Ashbash610 is offline
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Thank you sooo much! I agree with everyone... its just such a hard pill to swallow and lawyers make you want to curse them out sometimes because they talk like they hate their job and dont want to help. Lol Its frustrating so its like do everything I can before the family spends money ! So again... thanks everyone for ALL comments

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Originally Posted by gvalliant View Post
I agree with both posts above.

Laws are changing all the time. One law we have a thread on is PC1170(d)(1). In time it "could" help him. CDCR has written regulations regarding that resentencing opportunity. He is 8 or 9 years incarcerated now? After 10 years of exceptional behavior in prison he can request that he be considered for resentence.

I'm assuming from your description that he was sentenced for more than the minimum for his conviction as fbopnomore assumes. That being the case, this could reduce his sentence. Perhaps substantially.
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