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  #76  
Old 06-25-2017, 07:39 AM
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Well the 29th is around the corner now.
I hate that the mail takes so long. Its pretty bad in state prison too.
Our county mail went thru much much faster. (but then again, many fewer intmates too)
We used to joke........there is REAL time, and prison time. Its hurry up and wait.
I really hope they get the ball rolling on this.
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  #77  
Old 07-10-2017, 03:50 PM
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Yet another update. June 29th came and went. This time the DA was not present and it was again postponed to July 7th. At this time his public defender stated that the DA has agreed to 12 years two strikes. Based on the judges recommendation in 2016. But the judge did not recall making that statement so they postponed again to July 11th so they could review the court recorder minuets to refresh the Judges memory. Ironically the DA is on board 100% on this deal! He wants to just settle. The next argument will be time credits. The DA stated he would not actively put up a fight against day for day credits, but also will not advocate for them. The judge has said that the law only allows for 15% credit for the county time. The public defender is going to argue tomorrow that the law was changed after they got arrested in 2011 and will try to argue for day for day credits. So tomorrow I looks like we will have a deal for 12 years!!! Now it comes down to him doing a few more months or four and half more years. Depending on the time credits. Praying and hoping for a good outcome tomorrow and hoping everyone is there tomorrow! There is finally a possible end date when he can come home and start a normal life again.
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  #78  
Old 07-10-2017, 04:27 PM
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Glad you are reaching some closure on this
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  #79  
Old 07-10-2017, 04:58 PM
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It sounds mostly positive for you both. I hope his lawyer can convince the judge that he is entitled to day for day credit under the changed statute.
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  #80  
Old 07-12-2017, 02:09 PM
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This freaking sucks. They keep postponing!! They are now postponing till July 14th this Friday. Something about a probation report and victim statement that has to be entered on the record. That now it's possible that the judge based on the probation report might not give him day for day credits. Then his Lawyer is saying they did not announce the deal in open court because the DA's supervisors were there. I don't know why that had any bearing on his case. Its confusing and she says that everything will become clear on Friday. Until then I am on pins and needles and can't sleep.

Last edited by riversidecali; 07-12-2017 at 02:13 PM..
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  #81  
Old 07-13-2017, 05:30 AM
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it sure can be just so stressful.
Try to not think about it. And Im hoping that by tomorrow you will know whats going on.
(right, I know......but try to do something for yourself today)
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  #82  
Old 07-14-2017, 11:56 AM
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Holy F*cking Sh*t!! I do not understand what transpired today. I am sick to my stomach and have no clue what this means hoping someone here has an idea. His Public Defender said it was politics. The judge signed the deal, all that was needed was defendant signatures. Then the DA said they would not honor it, object to it. IN COURT the judge told the DA "your office has basically screwed me!" He is recusing himself from the case. The Judge Recused himself! The DA got the judge to leave this case. WTF. Now they are continuing to Wednesday and moving the case to Banning for a new Judge. I do not understand what the reasoning for them going so hard on this case. Simple 211 robbery that is all this is!!
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  #83  
Old 07-16-2017, 10:18 AM
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wow.
It does sound like politics.
Im so sorry this is taking so darn long.
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  #84  
Old 07-18-2017, 04:59 PM
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Yet another update as we travel to Banning now. The Judge in Indio Recused himself from the case. This allowed them to move the case to a Judge that his Public Defender had been wanting to have hear this case. She seemed very positive about this situation. So they dismissed us and are moving him to Banning. Will post update after this. Hoping for something. Hoping to have some closure to this case.
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  #85  
Old 07-18-2017, 05:19 PM
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No deal. Instead the judge ordered both parties to start trial tomorrow Wednesday! I have to get court clothes. The are set to have a two day trail. Nervous, scared. His public defender seems to be very positive on this. Saying we are in a good position here in Banning. We will see and I will update as this moves forward.
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  #86  
Old 07-18-2017, 05:27 PM
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Lawyers know which judges are fair, and which ones are a disaster. If his lawyer says that this judge is better than the recused judge, they probably speak from experience.
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  #87  
Old 07-19-2017, 08:31 PM
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here is to hoping for a resolution on the case.
ug. Im sure you are just beyond stressing.
Please take some time for you.
(((hugs)))
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  #88  
Old 07-24-2017, 12:53 PM
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Court was postponed to today Monday at 1:30 I am on my way to Banning court. The judge agreed to 12 years and day for day credits. We will finalize this today barring any unforeseen issues. As his lawyer said, we are no longer in control its up to the judge now.
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  #89  
Old 07-24-2017, 02:21 PM
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Quote:
Originally Posted by riversidecali View Post
Court was postponed to today Monday at 1:30 I am on my way to Banning court. The judge agreed to 12 years and day for day credits. We will finalize this today barring any unforeseen issues. As his lawyer said, we are no longer in control its up to the judge now.
Sending good vibes your way, and hope it goes well.
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  #90  
Old 07-24-2017, 05:47 PM
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Well I just got back from Banning and the freaking postponed again!!! This time no one was there the DA or the public defenders. The judge was just flabbergasted. They had to pull attorneys who were around to stand in for all parties and postponed till tomorrow at 1:30. This has got to be a cosmic joke. Has anyone seen this happen? I mean really what the hell!!
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  #91  
Old 07-25-2017, 07:19 AM
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I have no words.
At least now words I can say here.
Well I hope today's the day. But as you have seen, it does not always happen when they think it will. But this is crazy.
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  #92  
Old 07-25-2017, 05:55 PM
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Hallelujah. Everyone showed up today and the victim read her statement. The judge then imposed their sentence. 12 years two strikes. Judge George Hernandez was so kind to all parties. Giving my nephew some sound advice to walk that fine thin line with 25 to life hovering over his head. The did give him day for day CREDIT!! :-) He has at the most, according to his attorney. 7-9 months. I am so happy. He will be home finally. Time to start preparing this time for something positive. His whole life is ahead of him. Thank you all for this long journey and struggle. I hope I can provide for him and the counseling he will need after this.
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  #93  
Old 07-26-2017, 05:12 AM
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I guess it is time to read up on this Wasco place. Any advice?
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Old 07-26-2017, 07:13 AM
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So do you know for sure he will be in wasco?
It may not be the only prison he lands in, but with such short time left it probably will be.
He will be in reception the first part...seems its usually about 6 weeks after which he may be transferred.
No phone calls while in reception. So its letters only. And the mail is very slow.
No packages either. Not sure about canteen.
Once he leaves reception he can make phone calls. (collect of course)
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  #95  
Old 07-26-2017, 10:16 AM
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This is a great final settlement. Obviously no one wants a conviction, but knowing what he was facing before the other judge recused himself and the ultimate result....you both have to be breathing a lot easier now. I hope that he takes this good fortune (and I know, two strikes and a 12 year sentence, even if a lot of the time has already been served, hardly seems like "good fortune," but for him it does provide him a chance of getting back on track and looking forward to getting out, and a lot sooner than it seemed like he would,) and makes the most of the opportunity it will present him.

Glad that this is finally resolved.

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  #96  
Old 07-26-2017, 10:41 AM
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Quote:
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He has at the most, according to his attorney. 7-9 months. I am so happy.
That's the remainder of his time to do? Holy smokes, you must be thrilled.

He very well may end up at Wasco, but NKSP in Delano is another common reception center. Given his short sentence and that reception can take 4-6 months to see a counselor, there's a possibility he'll do his whole stretch there. Didn't want that to be a surprise for ya. Mail will be your best friend and non-contact visits if you're able. He can receive magazines and books, just check the thread for the facility he lands at to get a primer on what's permissible.

So glad to see this winding down for you both.
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  #97  
Old 08-02-2017, 05:54 PM
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Another update. My poor nephew just can't get a break. He spent three whole days in a holding/processing cell in Riverside with no shower and no bed so he had to sleep on a concrete bench. Only to be told that there is no paper work for his transfer to state prison. That they don't know what is happening. So they were unable to house him in Riverside and are now moving him back to where he was before he got sentenced. Indio. Ugh. This is just so crazy. Anyone know what is happening? He mentioned his bed card said he was being housed so I checked the JIMS website and he is in transit to Indio Jail again. Just can't catch a break.
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Old 08-04-2017, 12:28 PM
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Yet another update. He was housing in Indio for a day then they transferred him to Riverside for transport to State Prison only to be told again that his Prison Packet is not there and they moved him back to Indio again. He is waiting to talk to the classification officer to see if they have any info as to why this is taking them so long. He mentioned something that they have 10 days to send him to prison after sentencing. I asked what does that mean if they don't, he didn't have an answer. Apparently the inmate he's talked to say they have never seen this happen to someone before.
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Old 08-04-2017, 12:31 PM
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Yet another update. He was housing in Indio for a day then they transferred him to Riverside for transport to State Prison only to be told again that his Prison Packet is not there and they moved him back to Indio again. He is waiting to talk to the classification officer to see if they have any info as to why this is taking them so long. He mentioned something that they have 10 days to send him to prison after sentencing. I asked what does that mean if they don't, he didn't have an answer. Apparently the inmate he's talked to say they have never seen this happen to someone before.
Wow. I don't have any answers for you as I've never heard the 10 day rule, but the back and forth transfers are nonsense. I bet he can't wait to get settled and get this clock ticking down.
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Old 08-06-2017, 08:02 AM
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Once sentenced I think it took about 15 days or so for my hub to be moved to SQ reception.
(that was a whole nother story about how long he was in reception....)

As you have seen....there is a whole different meaning to time.
There is real time
Then there is prison/jail time
s-l-o-w.
Hang in there.
Hope he stays out of trouble in prison. No write ups etc....
Just make sure he knows he will be in limbo and not hear from you right away.
Patience takes a whole new meaning for this part too.
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