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triceretops
05-15-2010, 09:31 PM
Can someone tell me, perhaps a lawyer, what the final determination is for the below sentence hearing. Is it only the principle 15 years to life, or are the other counts added on to that total? I'm a little confused.

thanks,

Tri

Action: Report and Sentencing Date: 05/14/2010 Time: 8:30 AM Division: 32Hearing Status: DISPOSED
HONORABLE W. CHARLES MORGAN PRESIDING.
COURTROOM ASSISTANT: KBW-K. WISE
COURT REPORTER: ML-M. LANE
PEOPLE REPRESENTED BY DEPUTY DISTRICT ATTORNEY: JESS WALSH.
DEFENDANT REPRESENTED BY DPD RICHARD BRIONES-COLMAN.
DEFENDANT PRESENT.
AT 9:10, THE FOLLOWING PROCEEDINGS WERE HELD:
NO LEGAL CAUSE WHY SENTENCE SHOULD NOT NOW BE PRONOUNCED.
DEFENDANT WAIVES ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT.
COURT HAS READ AND CONSIDERED THE PROBATION OFFICER'S REPORT.
PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS: (SENT)
AS TO COUNT 5 THE COURT IMPOSES THE INDETERMINATE SENTENCE OF 15 YEARS TO LIFE.
PRINCIPAL COUNT DEEMED TO BE COUNT 5.
AS TO COUNT(S) 1, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
654 PENAL CODE STAY GRANTED ON COUNT(S) 1.
AS TO COUNT(S) 2, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
AS TO COUNT(S) 3, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
COUNT 2 TO RUN CONCURRENT.
COUNT 3 TO RUN CONCURRENT.
SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 15 YEARS TO LIFE.
CREDIT FOR TIME SERVED OF 412 ACTUAL DAYS PLUS 61 DAYS PURSUANT TO 2933.1 PC FOR A TOTAL OF 473 DAYS.
COURT FINDS DEFENDANT DOES NOT HAVE THE ABILITY TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
DEFENDANT ADVISED OF APPEAL RIGHTS.
SHERIFF TO DELIVER DEFENDANT TO DIVISION OF ADULT INSTITUTIONS AT DELANO
CLOSE CASE.
REMAINS REMANDED TO CUSTODY OF RIVERSIDE SHERIFF.
**MINUTE ORDER OF COURT PROCEEDING**

Wayne K
05-15-2010, 09:42 PM
I'm not an expert, but it looks like count 2 and 3 are concurrent to the first charge, but it doesn't say that count 1 is concurrent with the 15 to life, so I would figure one sentence follows the other.

I don't understand the term "Mid term" so for all I know, it means that the six years might be done at the same time as the 15 to life, but it's not clear.

Shadow_Ferret
05-15-2010, 09:49 PM
Well, I'm no lawyer, but I did stay at a Holiday Inn Express.

Concurrent means the sentences all run at the same time. So if he has 6 years on one, 6 years on a second, and 6 years on a third, he serves 6 years, not 18 (that would be consecutive).

He's got time served of 473 days. So that's subtracted from the sentence.

But this doesn't really explain what his actual sentence is, since it gives the indeterminate sentence of 15 years to life. I'm not sure if that means he gets 15 years if he's really really nice or if he gets life if the Warden of the prison doesn't like the way he combs his hair.

Wayne K
05-15-2010, 09:59 PM
It differs state to stste, but if you serve 2/3rd's of the 15, you're eligible for parole after ten, but if you get in trouble a lot, you can stay there for life.

Wardens don't really take likes or dislikes to most prisoners. I was in for 30 months in three different facilities and never met any of them. It's family's of victims that get you at parole hearings. It's why I took a flat bid

triceretops
05-15-2010, 10:09 PM
Yeah, from what I'm getting out of this, it's a flat 15 to life. And yes, I've heard that you can be paroled when aprox 2/3 of the sentence is completed. So that would make it a minimum of 10 years or so?

The "stay granted" on count 1, I assume to mean that it is stricken or absolved from the determined sentence. However, count 2 and 3 are imposed with a six-year length. So, being concurent, means just an additional six years from both those counts. But I don't see the six years added to the 15 to life. Cripes, I wish they would make it easy to understand.
Confusing.

Tri

PeterL
05-16-2010, 12:13 AM
I'm wondering if there was a count 4.

I agree with the others that the term was 15 years to life, less the time served. Depending on where the setence will be served, that could mean as little as another five years or as much as life. The tendency recently has been toward shorter sentences, so I would guess that the total time to be served will be more than six years but less than fifteen years..

jclarkdawe
05-16-2010, 02:45 AM
I'm thinking this is from California.


Can someone tell me, perhaps a lawyer, what the final determination is for the below sentence hearing. Is it only the principle 15 years to life, or are the other counts added on to that total? I'm a little confused. I can't imagine why. It's in simple English.

thanks,

Tri

Action: Report and Sentencing Date: 05/14/2010 Time: 8:30 AMDivision: 32Hearing Status: DISPOSED
HONORABLE W. CHARLES MORGAN PRESIDING.
COURTROOM ASSISTANT: KBW-K. WISE
COURT REPORTER: ML-M. LANE
PEOPLE REPRESENTED BY DEPUTY DISTRICT ATTORNEY: JESS WALSH.
DEFENDANT REPRESENTED BY DPD RICHARD BRIONES-COLMAN.
DEFENDANT PRESENT.
AT 9:10, THE FOLLOWING PROCEEDINGS WERE HELD:
NO LEGAL CAUSE WHY SENTENCE SHOULD NOT NOW BE PRONOUNCED.
DEFENDANT WAIVES ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT. Okay, at this point, my presumption is that the defendant went to trial and lost on most of the counts of the indictment.

COURT HAS READ AND CONSIDERED THE PROBATION OFFICER'S REPORT.
PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS: (SENT) After his trial, the probation department prepares a pre-sentencing report. Within the probation report is a history of the defendant and a recommendation by the probation department for sentencing. This recommendation can differ significantly from what the prosecutor is asking for. The defendant at this hearing asked for probation, the State asked for significantly more, and the defendant lost.

AS TO COUNT 5 THE COURT IMPOSES THE INDETERMINATE SENTENCE OF 15 YEARS TO LIFE.
PRINCIPAL COUNT DEEMED TO BE COUNT 5.
Okay, Count 5 is the biggie. You're right that he was sentenced to 15 years to life. His minimum sentence and when he become eligible for parole is 15 years. At any time after that, he can be released and placed on parole, with parole lasting until his death. Or he can remain in prison for the rest of his life.

AS TO COUNT(S) 1, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
654 PENAL CODE STAY GRANTED ON COUNT(S) 1.
California uses three descriptions for sentencing -- mitigated term, mid term, or aggravated term. Section 654 of the penal code deals with basically lesser included offenses. For example, if you're convicted of murder, then the assault charge is a lesser included offense. In this case, Count 1 was a lesser included offense to Count 5. Count 1's imposition is suspended, and will never be served, unless the defendant appeals on Count 5 and wins his appeal. Then Count 1 would be automatically imposed.

AS TO COUNT(S) 2, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
AS TO COUNT(S) 3, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
COUNT 2 TO RUN CONCURRENT.
COUNT 3 TO RUN CONCURRENT.
Counts 2 & 3 run concurrent to Count 5 and are served at the same time. If on appeal the defendant wins on Counts 5 and 1, then these Counts would be the holding authority. Otherwise, the defendant is serving three sentences at once, and these two end up with no real consequence.

SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 15 YEARS TO LIFE.
This is just the summation of the sentence. It helps the idiot at the prison if there is a summary. Some of these things can get really complicated.

CREDIT FOR TIME SERVED OF 412 ACTUAL DAYS PLUS 61 DAYS PURSUANT TO 2933.1 PC FOR A TOTAL OF 473 DAYS.
I would assume that the defendant has been in custody since his arrest. From the day his incarceration began, he's been in for 412 days, plus is receiving credit for an additional 61 days for good time credit. So the defendant is eligible for parole after fifteen years minus 473, minus any other good time credits he can earn in the next 13.5 years.

COURT FINDS DEFENDANT DOES NOT HAVE THE ABILITY TO REIMBURSE THE COUNTY FOR ATTORNEY FEES. Surprise, surprise. The defendant is broke.

DEFENDANT ADVISED OF APPEAL RIGHTS. This is one of the reasons I'm thinking he went to trial, although it's not the only one.

SHERIFF TO DELIVER DEFENDANT TO DIVISION OF ADULT INSTITUTIONS AT DELANO Delano is a state prison in California.

CLOSE CASE.
REMAINS REMANDED TO CUSTODY OF RIVERSIDE SHERIFF.
**MINUTE ORDER OF COURT PROCEEDING**

I assume that the jury came back with a not guilty verdict on Count 4.

Best of luck,

Jim Clark-Dawe

Kathie Freeman
05-16-2010, 07:21 PM
Just out of curiosity, are the "remains" that are remanded to the Riverside sheriff those of the prisoner or his victim?

jclarkdawe
05-16-2010, 11:50 PM
Just out of curiosity, are the "remains" that are remanded to the Riverside sheriff those of the prisoner or his victim?

The prisoner/inmate/defendant.

Best of luck,

Jim Clark-Dawe

Tsu Dho Nimh
05-19-2010, 04:59 AM
Action: Report and Sentencing Date: 05/14/2010 Time: 8:30 AMDivision: 32Hearing Status: DISPOSED
HONORABLE W. CHARLES MORGAN PRESIDING.
COURTROOM ASSISTANT: KBW-K. WISE
COURT REPORTER: ML-M. LANE
PEOPLE REPRESENTED BY DEPUTY DISTRICT ATTORNEY: JESS WALSH.
DEFENDANT REPRESENTED BY DPD RICHARD BRIONES-COLMAN.
DEFENDANT PRESENT.

AT 9:10, THE FOLLOWING PROCEEDINGS WERE HELD:

NO LEGAL CAUSE WHY SENTENCE SHOULD NOT NOW BE PRONOUNCED.
DEFENDANT WAIVES ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT.

COURT HAS READ AND CONSIDERED THE PROBATION OFFICER'S REPORT.
PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS: (SENT)
AS TO COUNT 5 THE COURT IMPOSES THE INDETERMINATE SENTENCE OF 15 YEARS TO LIFE. This is the biggie ... 15 to life for whatever Count 5 was.

PRINCIPAL COUNT DEEMED TO BE COUNT 5. it was the most important count.

AS TO COUNT(S) 1, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS. 654 PENAL CODE STAY GRANTED ON COUNT(S) 1. (you need to look up section 654 of the CA penal code to find out what this is)

AS TO COUNT(S) 2, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
AS TO COUNT(S) 3, THE COURT IMPOSES THE MID TERM OF 6 YEAR 0 MONTHS.
COUNT 2 TO RUN CONCURRENT.
COUNT 3 TO RUN CONCURRENT. Presumably concurrent with the 15 to life for count 5

SENTENCED TO STATE PRISON FOR A TOTAL INDETERMINATE SENTENCE OF 15 YEARS TO LIFE.
CREDIT FOR TIME SERVED OF 412 ACTUAL DAYS PLUS 61 DAYS PURSUANT TO 2933.1 PC FOR A TOTAL OF 473 DAYS.
COURT FINDS DEFENDANT DOES NOT HAVE THE ABILITY TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
DEFENDANT ADVISED OF APPEAL RIGHTS.
SHERIFF TO DELIVER DEFENDANT TO DIVISION OF ADULT INSTITUTIONS AT DELANO
CLOSE CASE.

REMAINS REMANDED TO CUSTODY OF RIVERSIDE SHERIFF. The Riverside Sheriff keeps custody