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My husband was sentenced in Sept. 2009 of a B felony and received…

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My husband was sentenced in...
My husband was sentenced in Sept. 2009 of a B felony and received a 2yr. sentence which would include 6 months he served in a cty. correctional facility. He had a previous conviction which had him on work release. During sentencing it was not said that his sentence would run concurrently or consecutively. However, they added his new sentence to his previous sentence and left him coming home 12/11 instead of 7/10. Does penal code 70.25 speak to this and can you explain it to me? Thanks
Submitted: 8 years ago.Category: Criminal Law
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Answered in 14 minutes by:
6/12/2010
Criminal Lawyer: Cedric, Criminal Defense Lawyer replied 8 years ago
Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2,899
Experience: Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
Verified

Yes, it allows for work release to be revoked, and for the sentence to be run concurrent, which it appears they did here. Changing his date coming home to 7/10 to 12/11.

 

Sorry, to hear about your situation.

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Customer reply replied 8 years ago
wouldn't his coming home 12/11 be consecutive because he was already home and was arrested in 3/09, sentenced 9/09?
Criminal Lawyer: Cedric, Criminal Defense Lawyer replied 8 years ago

No, consecutive means that he has to serve the sentences consecutively, meaning his remaining time was added onto his other offense.

 

 

He also could have gotten an additional charge for a probation violation as well.

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