Rule 4.437 amended effective May 23, 2007; adopted as rule 437 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective July 28, 1977, January 1, 1991, and January 1, 2007. Factors that the court will consider when determining whether you will serve a concurrent or consecutive sentence include the circumstances of the case, such as: The court will also consider facts about you, including: In addition, judges will consider any aggravating or mitigating circumstances when deciding whether to hand down a consecutive or concurrent sentence (JCR 4.425(b)). ), Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur, Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism on your part, and. (See People v. Felix (2000) 22 Cal.4th 651, 654657; People v. McGahuey (1981) 121 Cal.App.3d 524, 530532.). Felonies are crimes that are punishable by up to three years in county jail, by a state prison sentence up to life (with or without possibility of parole) or by the death penalty. Subdivision (a) makes it clear that there is no change in the courts power, on finding cause to revoke and terminate probation under section 1203.2(a), to continue the defendant on probation. It is important to note that the prosecution may also file a Statement of Aggravation that explains the prosecutions argument as to why the court should not impose a mitigated sentence. WebSome extremely serious felonies are punishable with a death sentence in California. If you are charged with a felony, the punishment can be severe and life altering. The publications,Felony Sentencing HandbookandMandatory Criminal Jury Instructions Handbook, are part of a comprehensive collection of educational materials that are distributed by CJER to California judicial officers without charge. Inmate Search and Information 702-608-2245 Both adult and juvenile offenders are housed in the jail. Consecutive sentences are served individually. (3) The crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior. endstream endobj startxref DAYTONA BEACH, FL, April 20, 2019 /24-7PressRelease/-- Just this week, criminal defense and personal injury law firm, Delgado & Romanik, PLLC, released a proprietary Florida Felony Sentencing Calculator.The Sentencing Calculator is a powerful resource which allows anyone to find out the lowest permissible sentence for Rule 4.452. This Request for Proposals (RFP) is issued on March 18, 2004, to identify a publisher to typeset and print two of CJERs criminal law publications. Ian Benjamin Rogers, of Napa, was sentenced to nine years in prison as Prison Law Office (2) Facts limiting defendants culpability. (Subd (b) lettered effective July 1, 2003; adopted as part of unlettered subd effective July 1, 1977; former subd (b) amended and relettered as part of subd (a) effective July 1, 2003.). The upper term is the most severe sentence and the lower term carries the least custody time. Any person who has furnished information included in the report must be identified by name or official capacity unless a reason is given for not disclosing the persons identity. The scope of circumstances in aggravation or mitigation under section 1170(b) is, therefore, coextensive with the scope of inquiry under the similar phrase in section 1203. Prior record of criminal conduct, whether as an adult or a juvenile, including the recency and frequency of prior crimes, and whether the prior record indicates a pattern of regular or increasingly serious criminal conduct, Prior performance on probation or parole, and present probation or parole status, Willingness to comply with the terms of probation, Ability to comply with reasonable terms of probation as indicated by the your age, education, health, mental faculties, history of alcohol or other substance abuse, family background and ties, employment and military service history, and other relevant factors, The likely effect of imprisonment on you and your dependents, The adverse collateral consequences on your life resulting from the felony conviction, The likelihood that if not imprisoned you will be a danger to others, Have been convicted of a felony and have been denied probation, or, Have any prior convictions for serious or violent felonies or crimes that require sex offender registration, Whether your crimes were committed separately, Whether your crimes involved separate acts of violence or threats of violence, and, Whether your crimes were committed at different times or places, Any history of violent conduct that indicates a serious danger to society, Any prior convictions and the nature of those convictions, Whether you have served a prior prison term, Whether you were on probation or parole when the crime was committed, and, The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness or callousness, You were armed with or used a weapon during the commission of the crime, You induced others to participate in the commission of the crime or occupied a position of leadership or dominance of other participants in the commission, You induced a minor to commit or assist in the commission of the crime, You threatened witnesses, unlawfully prevented or dissuaded witnesses from testifying, suborned perjury, or in any other way illegally interfered with the judicial process, You were convicted of other crimes for which consecutive sentences could have been imposed, but for which concurrent sentences are being imposed, The manner in which the crime was carried out indicates planning, sophistication or professionalism, The crime involved an attempted or actual taking or damage of great monetary value, The crime involved a large quantity of contraband, You took advantage of a position of trust or confidence to commit the offense, and, The crime constitutes a hate crime under California Penal Code Section 422.55 and no hate crime sentence enhancements (California Penal Code Section 422.75) are imposed, and the crime is not subject to sentencing under California Penal Code Section 1170.8, You engaged in violent conduct that indicates a serious danger to society, You have prior convictions as an adult or sustained petitions in juvenile delinquency proceedings of increasing seriousness, You were on probation or parole when the crime was committed, and, Your prior performance on probation or parole was unsatisfactory, You were a passive participant or played a minor role in the crime, The victim was an initiator of, willing participant in, or aggressor or provoker of the incident, The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur, You participated in the crime under circumstances of coercion or duress, or your criminal conduct was partially excusable for some other reason not amounting to a defense, You, with no apparent predisposition to do so, were induced by others to participate in the crime, You exercised caution to avoid harm to persons or damage to property, the amounts of money or property taken were deliberately small, or no harm was done or threatened against the victim, You believed that you had a claim or right to the property taken, or for other reasons mistakenly believed that your conduct was legal, You were motivated by a desire to provide necessities for your family or self, and. ), (d) Support required for assertions of fact. FelonyMisdemeanor Was it a crime of violence? It is an adequate reason for a sentence or other disposition that the defendant, personally and by counsel, has expressed agreement that it be imposed and the prosecuting attorney has not expressed an objection to it. To be of maximum assistance to these agencies, a judges statements should contain individualized comments concerning the convicted offender, any special circumstances that led to a prison sentence rather than local incarceration, and any other significant information that might not readily be available in any of the accompanying official records and reports. Subdivision (a). WebThe Fresno County Court Records Search (California) links below open in a new window and take you to third party websites that provide access to Fresno County public records.Fresno County Sheriffs Office Address 2200 Fresno Street, Fresno, California, 93724 Phone 559-488-3939 Website website Nationwide Inmate Records Online Check Welfare and Institutions Code section 1820 et seq., which provides partnership funding for county juvenile ranches, camps, or forestry camps. There is a range of 3 numbers for possible prison sentence lengths, to be determined by the judge, based on any mitigating factions. Under the Uniform Determinate Sentencing Act, the courts discretion as to length of term leaves doubt as to the maximum term when only the record of convictions is present. (B) The current offense is less serious than a prior felony conviction that is the cause of the limitation on probation, and the defendant has been free from incarceration and serious violation of the law for a substantial time before the current offense. Proceedings at sentencing to be reported, Understanding California Felony Prison Terms, Felony Sentences: Probation and Concurrent Sentence vs. The statement must generally describe the evidence to be offered, including a description of any documents and the names and expected substance of the testimony of any witnesses. No evidence in aggravation or mitigation may be introduced at the sentencing hearing unless it was described in the statement, or unless its admission is permitted by the sentencing judge in the interests of justice. Compare sections 1203 and 1204. The court at the time of sentencing must review California Rules of Court Rule 4.414 to determine whether you will be granted probation or sentenced to prison or county jail after a felony conviction. So, if your consecutive sentences carry three and six year prison terms respectively, you will be required to serve nine years in prison (minus any good behavior credit you receive). Inmates housed in the facility can be viewed on the public jail roster. Our California Criminal Penalty Calculator will provide penalties for Penal Code, Vehicle Code, and Health & Safety Code Violations. The variety of circumstances presented in felony cases is so great that no listing of criteria could claim to be all-inclusive. 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