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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8077
Experience:  since 1983
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If a person is re sentenced and 8 yrs, has been taken off his

Resolved Question:

If a person is re sentenced and 8 yrs, has been taken off his sentence, does the CDCR have the jurisdiction to say that he/she will only be allowed 4yrs off of their sentence. Can they do that
Submitted: 10 months ago.
Category: Legal
Expert:  N Cal Attorney replied 10 months ago.
No, the CDCR has to obey the sentencing order.

A person confined one day past their legally imposed sentence can file a petition for a writ of habeas corpus to get the sentencing order enforced.

I hope this information is helpful.
Customer: replied 10 months ago.

The original release was 2019, however the CDCR says that the new release date is 2015! which is only 4yrs, technically with the court order being 8 yrs, the release date should have been 2011. When filing the writ or habeas corpus what would be our grounds, that the CDCR did not obey the sentencing order? and what is the case law that we can use to show that they violated his release date.

Expert:  N Cal Attorney replied 10 months ago.

Is it possible for you to show me a copy of the order?

 

Which Court issued the order?

Customer: replied 10 months ago.

yes, I can show you a copy of the order, the court that issued the order was CCB downtown los angeles.

Expert:  N Cal Attorney replied 10 months ago.
Do you want to post it here?

Or, if you prefer to keep it off of the internet, you can email it XXXXX@XXXXXX.XXX and write Attn N Cal Attorney as the subject line.
Customer: replied 10 months ago.

I do have a copy
of the document, and I wanted to know what case law do we use in the writ,
which would make the CDCR compile with what the court ordered?

Expert:  N Cal Attorney replied 10 months ago.
This case would probably be helpful.
Customer: replied 10 months ago.

you and I spoke back in 2009 about this about this, I must get a copy of the court decision I can not find it, I will have a copy one day next week. I will contact you next week. I still need to know what is the case law that will put the CDCR on notice when we file our habeas. Thank You.

Expert:  N Cal Attorney replied 10 months ago.
The case I linked to, In re Sandel , 64 Cal.2d 412 states:

By this proceeding in habeas corpus we adjudicate the power of the Adult Authority to "correct" an erroneous sentence imposed by a trial court. As will appear, we hold that the Adult Authority is not vested with such power and that any attempted exercise thereof is in excess of its jurisdiction.

The "Adult Authority" is now called CDCR.

 

N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8077
Experience: since 1983
N Cal Attorney and 18 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 10 months ago.
Thank you for the positive rating!

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