Riverside County case RIF1404900. Is there any way to file an appeal and maybe get his sentence reduced?

Asked 2 months ago - Riverside, CA

First offense, criminal background limited to shoplifting, possession of marijuana, and driving without a license.

Attorney answers (3)

  1. Jeffrey George Moore

    Contributor Level 15

    4

    Lawyers agree

    Answered . Frankly, no.

    1. "First Offense" and "criminal background limited to shoplifting, possession of marijuana, and driving without a license" are not the same thing. This may be his first crime of violence, but it's not his first crime. It also ignores the fact that he was pending a misdemeanor domestic violence charge (RIM1403515) at the time that the felony case arose. He pled guilty in both cases.

    2. You state no grounds for appeal. In California, appellate courts don't vacate judgments or sentences in criminal cases without damn good reason. Almost none of those reasons are "that's not fair." At least, not in the way that the layperson tends to use that phrase.

    3. The time to file a notice of appeal has lapsed. He had 60 days after he was sentenced to file a notice of appeal. He pled on 5/2/14. There may be some sort of magic writ that can be filed, but I'm not familiar with anything that is remotely likely to be present here.

    4. While he did get a very stiff sentence, the charges against him were quite serious. He was represented by an (appointed) attorney. There's nothing in the sentence that strikes me as illegal, no matter how disproportionate it may be with regard to the facts of the case.

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr. Moore apparently has more information than the rest of . I would differ to his response.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Tony Anthony

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Most jurisdictions have a mechanism to reduce total time to serve. However, the statement you make that it is his first offense seems a bit misleading. Check with a competent local attorney to direct you further. Good luck.

    The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally... more
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