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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 04-29-2018, 05:59 PM
bombasticsgrl bombasticsgrl is offline
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Default Release date July 11th, but going to county for 1 year? Who do we contact?

I'm new to this site and might have missed a post that could help on this subject but I have several questions on a sentencing issue. My boyfriend is being told so many different things by different counselors etc we are really confused as to what is happening. His release date was July 11th this year however last week they told him on that date he will be taken back to county to serve 1 year for the misdemeanor on his case. The sentencing has been ammended twice now and we don't know who to talk to in order to get some answers as to what is going on etc. Any advice would be much appreciated
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Old 04-29-2018, 07:34 PM
xolady xolady is offline
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He'd have to talk to his case manager about his time and release.
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Old 04-29-2018, 09:14 PM
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He'd have to talk to his case manager about his time and release.
No case managers in Cali, they have counselors and they're about as helpful as a busted paper bag. They only know what the computer tells them and *sometimes* they might make a phone call to clarify what screen is telling them.

State time and county time can be done consecutively if it was sentenced that way. Do you have a copy of his original sentencing summary to see how it was written? He should also be able to request copies of sentencing amendments from the county. I'm assuming the misdemeanor was from the same case he's currently serving for.
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Old 04-29-2018, 09:59 PM
bombasticsgrl bombasticsgrl is offline
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Yes I have copies of all the sentencing papers and the minute orders from the court including the amendments.
The corrected minute order on 12/17/18 states:
Court Orders State Prison as to Count 1
Court Orders State Prison as to Count 2
Court orders Terminal disposition as to Count 3
It was also amended in August indicating Count 3 to run concurrent with Count 2

As to Count 1 the Court imposes 1/3 Middle Term of 8 months consecutive with Count 2. Credit time served 32 Days Actual 32 Days Conduct Credit PC 4019 (1/2) for a total of 64 Days.
As to Count 2 the Court imposes the Low term of 2 Years.
Principal count deemed count 2.

Serve 1 Years Straight Sentence Consecutive with Count 2 Credit Time Served 32 Days Actual PC 4019 (1/2)
Sentenced for a total determinate term of 3 years and 8 months.

The Felony Abstract of Judgement - Determinate states 2 years 8 months and count 3 1 year straight sentence consecutive with count 2 with 32 actual days served conduct credit PC4019 (1/2) for a total of 64 days.

He was arrested Mar 1 2017, sentenced 4/25/2017 moved to state for classification 5/24/2017 and then moved in October to his current housing and given the release date of July 2018. He has been told his date may move up 2 weeks due to classes but then he will be moved to serve county time. He is currently level 2 but is 1 point away from level 1 and hasn't been re-classified in 6 months.
Are you able to give me any ideas of how much more time he will do?

Last edited by bombasticsgrl; 04-29-2018 at 10:21 PM..
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Old 04-30-2018, 08:57 AM
gvalliant gvalliant is online now
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Count 1 and 2 totaled 2 years, 8 months. You did not specify whether he was to serve 50%, 66%, 80% in state. This is determined by his offense. PC4019 is more about just the time he is in county. His classification level or points while in state do not impact his percent. Released date sometime in July 2018 is 1 year, 4 months from his March arrest which is 50% of his sentence.

CDCR has release correct for count 1 and 2, based on my 50% time assumption. The count 3 is the misdemeanor apparently. You state that was amended to run concurrent. He says he is being told he is going to county to serve 1 more year for that?

He needs to specifically understand how Count 3 is being handled.
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Old 04-30-2018, 09:19 AM
bombasticsgrl bombasticsgrl is offline
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Thank you so much for your response. That is the issue we have at the moment regarding Count 3. We don't know who to talk to get clarification as he is being told different things. Yes he was told last week that after State release will be taken to county for 1 year sentence, however paperwork shows to run concurrent but another counselor told him they may just release him in July, another says no a year in county, someone has told him he will be out in November, another in September. The records department say all paperwork is correct so we just don't know who to speak with regarding this.
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Old 04-30-2018, 09:46 AM
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I understand your frustration. Miamac's comments re counselors is spot on. They usually repeat what they see or are told, often not a good source of explanation or understanding. At least some counselors are guessing with your boyfriend and they should never guess.

Others are just making guesses as to what percent he might serve (November or September release). If he goes to county. That's not the answer you need.

Without consistent answer from counselors, the attorney / PD who handled his case should be able to clarify how that count is to be handled. If you are able to contact that person. Maybe someone else on the thread has a better suggestion for you.
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Old 04-30-2018, 09:53 AM
bombasticsgrl bombasticsgrl is offline
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Thank you so much. Yes that's the frustration. I wasn't sure if we are able to contact the PD for the case, if they could still look into this as the case is closed ?
I will have him contact the PD.
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Old 04-30-2018, 11:00 AM
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Originally Posted by bombasticsgrl View Post
Thank you so much. Yes that's the frustration. I wasn't sure if we are able to contact the PD for the case, if they could still look into this as the case is closed ?
I will have him contact the PD.
I think it depends on the PD. We really (!!) lucked out and 10+ years later, my husband's appellate atty still responds when we shoot her an email. I don't think that's typical, but it's worth a shot.
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