Legal Question in Criminal Law in California

Sentinsing Get Out Date Incorrect

If A judge stipulates on the bottem of the minute order''If defendant appears for sentencing the D.A. agrees to dismiss charge 667.5(b) and 667 (d) and he will get 2 midterm years, if he dont' his term will be 5 years. Be fore his turn in date he got arrested for VC 2800.2(A). SHOULD THE JUDGE STILL DO WHAT SHE STIPULATED BEFORE THE SENTENCING? OR BECAUSE HE GOT INTO TROUBLE THAT WILL NOT BE VAILD ANYMORE???????????

Asked on 6/20/09, 5:18 am

3 Answers from Attorneys

Brian McGinity McGinity Law Office

Re: Sentinsing Get Out Date Incorrect

I am not really sure I understand your question but let me give you some information. First, a judge does not stipulate on a minute order. They write down the court's decision and sometimes the clerk actually writes it out while the Judge is saying it and the Judge then signs it making it a court order.

The two charges the DA agreed to dismiss are both sentence enhancing statues. In other words CPC 667.5(b) relates to enhancing a new prison term if the Defendant has prior prison terms. Section (b) provides that a prior felony charge that resulted in a prison sentence can add an additional year to the current sentence and it can be consecutive and not concurrent. Section 667(d) defines what felonies can be used for the purposes of enhancing the current sentence. The new charge is a problem because in involves evading arrest by an officer and while doing so putting the public at risk. Since I am uncertain as to the agreement between the court and the person arrested it would be impossible to determine where the situation currently stands. However, following all laws is generally a condition of most agreements which come out of criminal cases. Good Luck

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Answered on 6/20/09, 5:56 pm
Joe Dane Law Office of Joe Dane

Re: Sentinsing Get Out Date Incorrect

Not only is his original plea deal probably in jeopardy, but his new case is much worse as well.

I will assume the defendant entered into what's known as a Cruz waiver - if he doesn't appear at the sentencing or violates a term of release prior to sentencing, then all bets are off and the plea is valid, but now instead of the agreed upon sentence, the defendant can get up to the maximum on the case.

Now, to make matters worse, the defendant committed a new felony while out on bail.

There's an additional 2 year enhancement for a felony committed while out on bail for another felony. Plus - the defendant has a strike (the 667(d) enhancement), so any additional punishment is presumptively consecutive and doubled.

For the new 2800.2, the defendant is likely facing an additional 8 months - doubled, plus 2 years for a total of 3 years, 4 months CONSECUTIVE to whatever he gets on the first case. Because there's a strike involved, the defendant will do 80% of the sentence (85% if any of the charges are strikes in the old case).

Bottom line? This got nothing but worse when the defendant got arrested for the 2800.2. He'd better hope his attorney has some darn good negotiating skills and knowledge of the sentencing laws to try to do what they can.

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Answered on 6/20/09, 6:57 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Sentinsing Get Out Date Incorrect

If you can't stay out of trouble, don't expect much sympathy at the courthouse.

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Answered on 6/20/09, 5:31 am

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