Q: My bro received an illegal enhancement on his plea bargain. 667(a)(1). What is the outcome of this situition?
My brother was given a illegal enhancement of 5 years on his plea bargain. The 667 (a)(1) enhancement was mistaken from a 245(a)(4) for a 245(a)(1). His plea bargain was a total of 15 years. 9 for attempted murder 2nd , 1 for prison prior, and 5 for the 667(a)(1) prior serious felony conviction. What is the out come of this if he were to bring it up? State takes back the 15 years and start the case over, with life sentence? (Attempted murder 2nd started as first degree) or the illegal enhancement is vacated and sentence stays at 10 years?
A: If the sentence is illegal, then the whole thing gets undone. And redone. It's risky, and not likely to change the total sentence since you can combine terms for crimes and various enhancements to get to any number.
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