What is a 1170?

Under California Penal Code Section 1170(h), if a sentence enhancement that carries a mandatory prison sentence is attached to your felony crime, you could face a prison sentence. You have been convicted of a felony in another state that would qualify as a serious or violent felony under California law.

Can you be resentenced?

A motion for resentencing is brought by a person who has already been convicted and sentenced for a crime, asking the court to reduce or modify the sentence.

What is ab2942?

Assembly Bill 2942 is a recently-passed law that allows elected District Attorneys to recommend a recall of sentence and resentencing for California inmates. A DA in the county in which the inmate was sentenced may bring the request to the county court. The court can then deny or allow the request.

How does Sentencing work in California?

CALIFORNIA’S SENTENCING LAWS Most offenders are sentenced to California state prison for a set amount of time under the Determinate Sentencing Law (DSL). Most other offenders are sentenced under the Indeterminate Sentencing Law (ISL) and will serve a term of life with possibility of parole.

Can a petition get someone out of jail?

Early parole petitions can be filed for someone who has already had a trial and is serving a sentence. By fling a petition for early parole, the decision as to when a prisoner will be released is taken out of the hands of the prison officials and placed before a judge.

What is sb1437?

The California Legislature passed a bill (SB 1437) that changes some of the laws for when a person can be convicted of murder. The law also provides a way for people who already have convictions to petition a court to have their murder convictions overturned based on the new law.

How do you apply resentencing?

To petition you may use form TCR-81 Petition for Resentencing – Proposition 47 (Safe Neighborhoods and Schools Act). The form is available at the Superior Court of California, County of Fresno, Felony Clerks Office and the Court Action Center.

Does sentencing mean jail time?

To address this, the weekend can be defined during the sentencing process. If a defendant goes to court on their own, enters a plea of no contest or guilty with the prosecution, and is then given a sentence to jail, then they are going to go to jail immediately almost 100% of the time.

What does section 1170 of the California Penal Code say?

(c) The court shall state the reasons for its sentence choice on the record at the time of sentencing.

Can a court impose an additional term under section 1170?

The court shall also impose any other additional term that the court determines in its discretion or as required by law shall run consecutive to the term imposed under Section 1170 or subdivision (b) of Section 1168 . In considering the imposition of the additional term, the court shall apply the sentencing rules of the Judicial Council.

When is a circumstance in aggravation under section 1170?

(b) Upon conviction of any felony it shall be considered a circumstance in aggravation in imposing a term under subdivision (b) of Section 1170 if the victim of an offense is particularly vulnerable, or unable to defend himself or herself, due to age or significant disability.