My boyfriend got arrested for a dui and he had a previous man slaughter 8 years ago so they charged him with a felony dui .
2 attorney answers
Remember that his attorney has no obligation to talk with you. You claim she didn’t fight... maybe your boyfriend didn’t want too.... maybe the case was strong....maybe he didn’t want to go to trial. He is the one that took the plea, don’t blame the attorney.
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His attorney may be trying to explain that there are too many variables to give you a definite answer.
As imposed, the sentence is five years at 80%, or four actual years. As part of its program to reduce overcrowding, CDCR will probably give him third time credits... which reduces his actual time to three years, four months. However, that reduction, as well as the application of Prop 57, are handled adminstratively by CDCR, and neither his lawyer nor the court can guarantee that they will find him eligible.
Under SB136, the one year enhancement for a prior prison term under Penal Code §667.5(b) can only be imposed if the sentence was served for a sexually violent offense. It takes effect 1/1/20.
Unless otherwise specified, new laws that reduce punishment apply to all cases not final on appeal. That means he filed a Notice of Appeal within 60 days of sentencing and the appellate courts have not yet ruled. The Court of Appeal should remand the case to the trial court with orders to strike the 667.5(b) enhancement. (If he was sentenced more than 60 days ago, he may be stuck with the enhancement.)
However, there may be exceptions. For instance, if it was a stipulated sentence, where both sides agreed he would get the 5 years, the DA may be entitled to enforce that bargain.
As with many new laws, it can take a while for the appellate courts to sort out the details.
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