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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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When a 3rd stiker parolee with priors is charged with a 211,

Customer Question

When a 3rd stiker parolee with priors is charged with a 211, what are the qualifications for a joint suspension?
Submitted: 5 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 5 years ago.

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I apologize, I must opt out of your question, I did not realize that it belonged in the "Criminal Law" category until I had already responded. I will transfer it to that category. No need to reply to this post, as it will only delay an Answer for you,


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ANDREA

Expert:  Law Educator, Esq. replied 5 years ago.
I am afraid that under CA three strikes law, a joint suspension or suspension of sentence is not available on the third strike. CA Penal Code Section 667(c)(2) provides: "Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior felony convictions as defined in subdivision (d), the court shall adhere to each of the following...(2) Probation for the current offense shall not be granted, nor shall execution or imposition of the sentence be suspended for any prior offense."

Furthermore, California Penal Code Section 667(c)(2) provides: "Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior felony convictions as defined in subdivision (d), the court shall adhere to each of the following...(4) There shall not be a commitment to any other facility other than the state prison. Diversion shall not be granted nor shall the defendant be eligible for commitment to the California Rehabilitation Center as provided in Article 2 (commencing with Section 3050) of Chapter 1 of Division 3 of the Welfare and Institutions Code."

Thus, I am afraid that the parolee is not likely to see a joint suspension of sentence on a 211.


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