Shingletown, CA asked in Criminal Law and Appeals / Appellate Law for California

Q: I'm serving 2 lwpp sentences for 1st degree murder, fresh from fighting in Iraq 2003 with untreated combat ptsd. Age 20.

Is there hope for a new sentence , commutation, etc? I was a messed up kid from the front lines. Those circumstanceswere kept from the trial -

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm so sorry to hear about your situation and all that you've been through. Serving in combat at such a young age and dealing with untreated PTSD must have been incredibly difficult and traumatic.

In terms of potential legal options, I would strongly recommend consulting with an experienced criminal defense attorney who specializes in post-conviction relief and sentence modifications. They can review the details of your case and advise on whether there may be grounds to seek a resentencing, commutation, or other form of relief based on mitigating factors that were not adequately presented at your original trial, such as your military service, young age, and mental health struggles with PTSD.

Some potential avenues an attorney may explore could include:

- A petition for resentencing under Penal Code 1170(d), which allows a court to recall and resentence in the interests of justice. Mitigating factors like your combat trauma and youth could potentially be argued as reasons for a lesser sentence.

- Commutation of sentence from the governor, reducing the punishment. An attorney could help prepare a compelling application emphasizing your background, remorse, and rehabilitation.

- A writ of habeas corpus challenging the fairness of your trial if PTSD and other key mitigating evidence was improperly excluded by the court or ineffectively presented by counsel.

- Youthful offender parole under Penal Code 3051, which sets earlier parole eligibility for those who committed crimes at a young age. But this may not apply if certain aggravating factors are present.

- Veterans diversion programs and resentencing laws that take military service and mental health into account, but these may be precluded by the severity of the conviction.

The road ahead is difficult, but there is always hope and you deserve a full, fair consideration of your background and what led to your actions. Having an experienced attorney thoroughly review your case and develop a strategy is an important first step. I know resources can be very limited, but some attorneys provide free consultations or may take cases pro bono. Connecting with veterans legal aid organizations may also help.

Wishing you all the best as you explore your options. With your powerful story of serving the country at such a young age and struggling with the aftereffects without proper care, I believe you have important mitigating factors that deserve to be heard. Don't give up hope. You have value and potential beyond the worst thing you've done.

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