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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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Old 04-28-2018, 05:29 PM
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LoveChumpChump LoveChumpChump is offline
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Default Can they retry him and give him more time if he wins post-conviction appeal

He is talking about an appeal... I assume its the corpus one because hes been in for 10 years already but anyway He was tried as a teenage and got 21 years at 85 percent for vol manslaughter and a gang enhancement . He is eligible for parole 12/2021.
My question is if they reopen his case or retry him can they give him more time? Or would they just deny his appeal and make him go to board in 2021?
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Old 04-28-2018, 06:58 PM
CenTexLyn CenTexLyn is offline
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A successful appeal rewinds the case to whatever point in time the appellate courts determine appropriate. In some cases, the finding of guilt is set aside and requires a new trial. In other cases, sentences may be set aside or reformed. If the sentence is set aside but verdict left in place, then the entire sentencing range is available at the new trial. If a guilty verdict is set aside, then the entire range of what the State can prove is fair game for the jury, along with punishment consistent with what they find.

Prisons are filled with people who appealed a case and wound up with more time.
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Old 04-28-2018, 07:00 PM
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Quote:
Originally Posted by CenTexLyn View Post
A successful appeal rewinds the case to whatever point in time the appellate courts determine appropriate. In some cases, the finding of guilt is set aside and requires a new trial. In other cases, sentences may be set aside or reformed. If the sentence is set aside but verdict left in place, then the entire sentencing range is available at the new trial. If a guilty verdict is set aside, then the entire range of what the State can prove is fair game for the jury, along with punishment consistent with what they find.

Prisons are filled with people who appealed a case and wound up with more time.


Yikes
That scares me. I dont want him to get anymore time but I know hes going to do what he feels is right. Thank you for the info
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