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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I am putting together a writ of habeas corpus petition for

Customer Question

I am putting together a writ of habeas corpus petition for my husbands conviction and I found in the law library yesterday that you can only be enhanced one time up to 3 years maximum per victim for a 23153 a , my husband was given 4 separate enhancements on his 23153 a conviction giving him 10 years on his first offense, would I add this as a ground for his habeas corpus or is there another avenue to get this corrected.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 2 years ago.
Hello.
You can petition the court to correct an illegal sentence at any time. Some people raise it as part of a habeas petition because at some point it will become an illegal restraint, but it may be done on its own before the sentencing court through that type of motion. I might raise it both ways to ensure it gets heard...if it is left out of the habeas petition and the judge denies the motion, then he may miss the chance to have it reviewed through the habeas process.
I would also be very careful about filings. It is illegal to practice law on behalf of another if you are not licensed. The only people who can draft legal documents are the defendant himself or his licensed lawyer. Just something to be mindful of.
Expert:  Hammer O'Justice replied 2 years ago.
I should also note that if he had a lawyer at the trial court then you/he may want to approach the lawyer about filing something to correct an illegal sentence. That is something that is part of his trial representation so the lawyer might handle it for him.