Sacramento, CA asked in Criminal Law for California

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?

Related Topics:
1 Lawyer Answer
Hayden Gifford Smith
Hayden Gifford Smith
  • Criminal Law Lawyer
  • Visalia, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.