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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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If my daughter signed a plea agreement under penal code 192.c.1

Resolved Question:

If my daughter signed a plea agreement under penal code 192.c.1 with a low lid term of 2 years and on section 11 of the agreement : serious and violent felony (a strike offense) she did not initial but put an x as directed by her attorney, does this mean she is prosecuted as a non-violent offender and won't get a strike, and is therefore eligible for half time of her sentence, or does she need to do at least 85% of her time? Does this start as soon as she is in custody (county jail) or when she "lands" in prison?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 7 years ago.
Thank you for using JustAnswer!

What state did this occur in?
Customer: replied 7 years ago.
This was in Los Angeles California
Expert:  JB Umphrey replied 7 years ago.
What offense did she plead guilty to (name)?
Customer: replied 7 years ago.
192(c)(1) vehicular manslaughter there was no DUI involved, just speeding 109 mph (reckless) 1 count
Expert:  JB Umphrey replied 7 years ago.
Thank you. Under the CA code:

192. Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:

   (c) Vehicular--
   (1) Except as provided in subdivision (a) of Section 191.5,
driving a vehicle in the commission of an unlawful act, not amounting
to felony, and with gross negligence; or driving a vehicle in the
commission of a lawful act which might produce death, in an unlawful
manner, and with gross negligence.

From the facts you described, she was prosecuted/pled to a serious and violent felony. It is a strike offense.

In terms of time served. She will get credit for the time she spent in the county jail.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 7 years ago.
Doesn't the fact she didn't inital that section but x'd it instead change it from a serious(strike) felony as part of her plea agreement, or make it non applicable? That was my question... I already know what the penal code says.
Expert:  JB Umphrey replied 7 years ago.
Her initial (or lack of initial) has absolutely no bearing on that.
Customer: replied 7 years ago.
Does this mean she is not eligible for half time, but has a minimum of 85% of her sentence?
Expert:  JB Umphrey replied 7 years ago.
Yes, she has a minimum of 85% of her sentence.
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