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Realignment Samples

 

4019 Credits - Reply Brief - Equal Protection & Forfeiture Arguments

Posted: 02/24/12

This sample Reply Brief argument is courtesy of panel attorney Cheryl RaeAnderson and sources originally borrowed from panel attorney Julia Spikes. The reply addresses a forfeiture argument asserted by the Attorney General. The second argument addresses the AG's response to the equal protection/4019 credits argument.

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4019 Credits - No Strike Prior Proven Argument

Posted: 02/23/12

This sample AOB credits argument/equal protection argument is courtesy of staff attorney Deborah Prucha. The argument addresses that appellant is entitled to day-for-day presentence conduct credits under Penal Code section 2933 because no prior strike conviction was proven. The second argument is an equal protection argument for Penal Code section 4019 credits to be retroactively applied.

Download Argument/Equal Protection Argument as PDF (file will open in new window)

Fares Motion - 4019 Credits - Sample Non-Appearance Motion to the Trial Court to Correct Credits (PC 1237.1) & Request for Compliance with Rule 8.340

Posted: 02/23/12

This sample non-appearance (Fares/Clavel) credits motion to the trial court is courtesy of staff attorney Deborah Prucha. The argument addresses both Penal Code section 1237.1 (miscalculation for pre-sentence credits be brought to the attention of the trial court prior to raising the issue on appeal) and Penal Code section 4019 (day-for-day credits to be retroactively applied to the sentence).

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AOB - 1170 (h) Equal Protection Argument

Updated posting: 02/23/12

1) This sample AOB raises the issue of whether appellant, who is currently serving a four year state prison term, has been denied equal protection of the October 1, 2011 changes in the sentencing laws which now make the crimes he committed mandatory “county jail felonies” under amended Penal Code section 1170, subdivision (h).

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2) This sample AOB equal protection argument is courtesy of panel attorney Mark Shusted. It presents a slightly different argument that appellant -- who is a non/non/non -- is entitled to the favorable sentencing provision of the Realignment Act.

Download Sample AOB Equal Protection Argument as PDF (file will open in new window)

4019 Credits - Equal Protection Argument

Posted: 12/7/11

(1) This sample AOB 4019 credits equal protection argument is courtesy of panel attorney Cheryl R. Anderson; borrowing extensively from the FDAP website sample, but also with excerpts added to address In re Stinnette.

Download Equal Protection Argument as PDF (file will open in new window)

4019 Credits - Incorrect Calculation of 4019 Credits

Posted: 02/23/12

This sample AOB 4019 credits argument is courtesy of staff attorney Deborah Prucha. A few counties are using an incorrect calculation formula for these credits; this short argument addresses that error following a denial of a motion in the trial court to correct the credits under Fares/Clavel. (Tip: file the Fares request first. See sample above in the list.)

Download Incorrect Calculation of 4019 Credits as PDF (file will open in new window)

 

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