Legal Question in Criminal Law in California

2nd degree burglary of abandoned house

We asked in court to fire our lawyer,Judge gregory caskey denyed it!so naturely we lost. my husband was charged with 1st degree burglary,grand theift,possession of stolen proporty.convicted of 2nd degree burg.,grand thieft but NOT of posession of stolen proporty.they used evidence that they found him carrying, not on the proporty,to ''prove'' he went into house but didnt convict him of having it.no witness saw him on or in house,only at the bottom of a long driveway.2 women were scene in and leave house with backpacks. they were not pursued by the court at all.the D.A.'s husband had close friendship with my husbands boss/landlord for 4 years of this open case. the ''judge'' was an out of county commissioner that we also felt predudice.Da is aware who did the crime the 2women.They failed to disclose there knowlege of the women.

This is a 3 strike case.His priors are a plea bargained attempted robbery in 1985, an involantary VEHICULAR manslaughter from 1986.(people v. von Staden,(1987)195 Cal.App.3d 1423, 241 Cal.Rptr.523.

this is NOT a strikeable offence as defined in p.c. 677.5and1170.they gave him one for it anyways.he is now serving 39yrs8mo's tolife for the 2nddegree burg unoccupyed condemed ''dwelling''. pleasedontlethimdiethere!


Asked on 10/03/06, 6:11 pm

2 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: 2nd degree burglary of abandoned house

What is the question?

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Answered on 10/03/06, 8:01 pm
Terry A. Nelson Nelson & Lawless

Re: 2nd degree burglary of abandoned house

If the question is: what can you do?; the answer is: hire an appellate attorney to file an appeal, if it's not too late to do so. Your next problem is the substantial appellate attorney fees you will have to pay. If interested in doing so, contact me to discuss the facts and fees.

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Answered on 10/03/06, 8:33 pm


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