Lake Shasta, CA asked in Criminal Law for California

Q: How do you calculate sentencing time? I'm not sure how 1/3 time works and if credits apply to it?

If someone is sentenced 6 yrs. The 1st charge is MID term of 2yrs, and the six last charges EACH say 1/3 MID term (8) months Consecutively. There are also 600 days credit from jail. How much would need to be served before release? any info would be helpful thanks

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1 Lawyer Answer
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: It sounds like the judge sentenced the defendant on the triad as the principal term with an additional or consecutive term of 1/3 the mid-term of the second count for which he was convicted. Pre-sentence jail credits are using doubled under PC 4019, which would be deducted from the sentence. 600 days of actual pre-sentence jail time is substantial. How much remains of his sentence would depend on the nature of the underlying felony conviction. You can check with the department of corrections for his release date. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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