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My "friend" is being charged with pc 1170.12 (b) / 667(d) pc459f1b pc 667 (a)(1) how much time is he looking at on a 2nd defe

Criminal Defense 2 views 2 answers
he was charged as a minor for his first charges ( pc 1170.12(b)/667(d) (prior serious felony 14yrs old) and prior repeat offender under pc 667(a)(1) and the new charge as a felony pc459<F1B that sounds like alot of years and they may add his old charge with the new one but im hoping they wont he was parolled/and or probationed to cya(youth detantion) does that make a differance in the new case can they carry his old charges into the new case or just let him do his time flat for the new charges kindly apprciated if someone could help i hope i gave you enough information and i think he is on his 2nd strike

Attorney Answers

2
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
Well, if your friend was really only 14 yrs old when he committed the prior offense than he can't be stuck with a prior strike (1170.12(b)/667(d)). You have to be at least 16 to get a prior strike. There are varying degrees of 459, so nobody could answer your question without knowing that. It is really not for you to be wondering what your "friend" is facing, but for your "friend" to be discussing it with his attorney. Suffice it to say, that if this is in fact his second strike and he does get convicted of it, he is facing serious prison time.
0 upvotes
Anthony Arzili ·
His prior strike will double any sentence he receives. If its a commercial burglary, that could mean anywhere from 32 months up to 6years. If its a residential burglary, it'll be a couple of more years. If his attorney can file a Romero Motion to strike his prior strike, then he can face significantly less time. If his prior is over 14 years old, and he's stayed relatively clean, the chances for his strike getting struck are relatively good.
0 upvotes

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