Legal Corner: Correcting your sentence

by J. D., CCWF
It has been noticed by women at CCWF that Case Records often revises a woman?s original sentence ? the one imposed by the Judge ? and it ends up longer than it was. This may involve a confusion about how half-time or 85% time is calculated for violent or non-violent felonies. Or because the sentencing guideline in Penal Code 669 which says that if the court is silent about defining sentences to run concurrent or consecutive, the sentences must be run concurrently. The women have developed a simple protocol to follow if you believe that your original sentence has been increased for whatever reason.
Protocol for Correcting Sentences
1. Write to your sentencing court. Send them a ?Motion for Abstract of Judgment and Minute Order? (the law library has the form).
Address your letter to the Clerk of the Court.
Fill out the motion completely.
Make and keep a copy ? don?t rely on CCWF?s copy of Abstract of Judgment. If there was an error between the Court and CCWF, how will you know unless you get it yourself?
2. When you receive your Abstract of Judgment and Minute Order and there is a difference between the order and what CCWF is saying, go to the law library for help with filling out a 602.
3. If and when you receive your 602 back, if the sentence imposed is not corrected, here?s what to do. Do not argue with them about controlling case, etc. etc. This is usually what they cite to deny the 602. Simply repeat like a broken record ?The judge gave me _____ sentence, CCWF has imposed _____ sentence. Please correct.?
4. Keep going with the 602 to the Sacramento level. Again watch the time frames for response ? they are famous for losing them. That is why you must have a copy ready to go to the next level.
5. If they miss their time frame for response, write on it ?602 has not yet been responded to in time at the ________ level and is therefore considered denied per operation of the law. ? Then advance to the next level.
6. Make a copy of your copy (in case they also miss the next time frame). Send it in to the Appeals Coordinator.
Writing a 602 to Correct Your Sentence
Describe Problem
I was sentenced to______(time) on______(date) by Judge________ (name)
When I arrived at CCWF, case records calculated my sentence to be ______.
Action Requested
Correct my sentence to comply with the judge?s order.
Send to me the corrected face sheet and E.M.P.D.
Write on the bottom of the 602:
Cc: Judge Thelton Henderson
Judge ____________ (your sentencing judge)
Sara Malone, Ombudsman
Senator Jackie Speier
Senator Elaine Alquist
Assembly member Sally Leiber
Mail to each at the address below (plus any other legislators you wish)
Judge Thelton Henderson, US District Court
450 Golden Gate Ave., Box 36060
San Francisco, CA 94102-3661
Sara Malone
CDCR
PO Box 942883
Sacramento, CA 94283-0001
Senator Jackie Speier
400 S. El Camino Real #630
San Mateo, CA 94402
Senator Elaine Alquist
100 Paseo de San Antonio #209
San Jose, CA 95113
Assemblymember Sally Lieber
274 Castro Street, Suite 202
Mountain View, CA 94041
Remember: send original 602 to case records; send all copies via legal mail; keep a copy yourself and track the time frames. If they ?lose? the original, send a copy of your copy to the next level.