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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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If a person is re sentenced and 8 yrs, has been taken off his

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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
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 3 years 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.

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


Which Court issued the order?

Customer: replied 3 years ago.

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

Do you want to post it here?

Or, if you prefer to keep it off of the internet, you can email it [email protected] and write Attn N Cal Attorney as the subject line.
Customer: replied 3 years 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?

This case would probably be helpful.
Customer: replied 3 years 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.

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.


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