The judge may choose to give reasons for the sentence even though not obligated to do so. When sentencing a defendant under this rule, the judge must consider the principal goals for hate crime sentencing. (12) The crime constitutes a hate crime under section 422.55 and: (A) No hate crime enhancements under section 422.75 are imposed; and. The court may not use the same fact to impose a sentence under section 667.6(c) that was used to impose an upper term. (See People v. Belmontes (1983) 34 Cal.3d 335, 347349.). So, what penalties do you face if you are convicted of a felony offense? The Statement of Mitigation will explain to the court why a probationary sentence, as opposed to a prison sentence, would be appropriate in your case. [I]t is now clear that the sentencing process, as well as the trial itself, must satisfy the requirements of the Due Process Clause. (5) Information concerning the victim of the crime, including: (A) The victims statement or a summary thereof, if available; (B) The amount of the victims loss, and whether or not it is covered by insurance; and. It's pertinent to note that these guidelines are "advisory" and the presiding judge has the authority to sentence the defendant above or below the range provided by the guidelines. See, for example, sections 667.5 (prior prison terms), 12022 (being armed with a firearm or using a deadly weapon), 12022.5 (using a firearm), 12022.6 (excessive taking or damage), 12022.7 (great bodily injury), 1170.1(e) (pleading and proof), and 1385(c) (authority to strike the additional punishment). Here is a a recap: State v. John R. Monroe. Rule 4.435. You then would be required to serve 85 percent of the eight-year sentence for both counts. Because of this open question, rule 4.428(b) was deleted. 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. Realignment did not change the rules regarding felony probation eligibility. Rule 4.428. 0 Notwithstanding a defendants statutory ineligibility for probation, a presentence investigation and report should be ordered to assist the court in deciding the appropriate sentence and to facilitate compliance with section 1203c. Stat. The court also must consider California Penal Code Section 654, which states that if one act violates multiple laws, you can be convicted of multiple crimes but can only be subject to one sentence for that act (JCR 4.424). (See section 1170.1(a); People v. Tassell (1984) 36 Cal.3d 77, 90 [overruled on other grounds in People v. Ewoldt (1994) 7 Cal.4th 380, 401].). Criteria affecting concurrent or consecutive sentences. The report must be submitted to both the prosecution and your felony sentencing attorney at least nine days prior to the sentencing hearing so that both parties have an opportunity to review the report. Rule 4.447. . See People v. Niles (1964) 227 Cal.App.2d 749, 756. You need someone with experience to guide you through this difficult process and advocate zealously for you in court. Subdivision (a). Compare sections 1203 and 1204. Downey's county sentencing is scheduled for June 27, while his federal sentencing in White Plains is June 1, when U.S. District Court Judge Cathy Seibel will decide his sentence. WebWe would like to show you a description here but the site wont allow us. If the court grants felony probation in your case, your sentence in jail or prison is suspended pending your successful completion of the term of probation you receive. By providing that the defendants prior record and simultaneous convictions of other offenses may not be used both for enhancement and in aggravation, section 1170(b) indicates that these and other facts extrinsic to the commission of the crime may be considered in aggravation in appropriate cases. It may amplify any reasons for the sentence that may bear on a possible suggestion by the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings that the sentence and commitment be recalled and the defendant be resentenced. The variety of circumstances presented in felony cases is so great that no listing of criteria could claim to be all-inclusive. Circumstances in aggravation include factors relating to the crime and factors relating to the defendant. specifically exclude certain crimes and certain offenders. This rule is not intended to expand the statutory requirements for giving reasons, and is not an independent interpretation of the statutory requirements. The sentencing judge should be guided by statutory statements of policy, the criteria in these rules, and the facts and circumstances of the case. No. Any circumstances in aggravation or mitigation may be considered in deciding whether to impose consecutive rather than concurrent sentences, except: (1) A fact used to impose the upper term; (2) A fact used to otherwise enhance the defendants prison sentence; and. Each criterion points to evidence that the likelihood of success is great or small. For further information regarding this RFP, please contact Barry Harding, Education Division, This subdivision is based on the fact that a defendant who, with the advice of counsel, expresses agreement to a specified prison term normally is acknowledging that the term is appropriate for his or her total course of conduct. The mode of sentencing required by subdivision (b) is necessary to avoid the illogical conclusion that the total of the consecutive sentences will depend on whether the other jurisdiction or California is the first to pronounce judgment. endstream endobj startxref 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. If you or a loved one have been accused of a crime, now is the time to contact us. This rule applies both to mitigation for purposes of motions under section 1170(b) and to circumstances in mitigation justifying the court in striking the additional punishment provided for an enhancement. endstream endobj 3338 0 obj <>/Metadata 162 0 R/Pages 3323 0 R/StructTreeRoot 255 0 R/Type/Catalog>> endobj 3339 0 obj <>/MediaBox[0 0 612 792]/Parent 3325 0 R/Resources<>/Font<>/Pattern<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 52/Tabs/S/Type/Page>> endobj 3340 0 obj <>stream 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. Copyright 2023 Wallin & Klarich - All rights reserved, Assault With a Deadly Weapon PC 245 (a), Child Pornography Laws Penal Code 311 PC, Governor's Pardon and Certificate of Rehab, Rule 4.431. Rule 4.425. In light of those amendments, for clarity, the phrase base term in (4) and (5) was replaced with one of the three authorized prison terms. It is an open question whether the definitions in (4) and (5) apply to enhancements for which the statute provides for three possible terms. . Section 1203 requires a presentence report in every felony case in which the defendant is eligible for probation. Circumstances in mitigation include factors relating to the crime and factors relating to the defendant. (Subd (d) amended effective January 1, 2007.). A full, separate, and consecutive term must be imposed for each violent sex offense committed on a separate occasion under section 667.6(d). The judges duty is similar to the duty to consider the probation officers report. Misdemeanors are defined as crimes that are punishable by incarceration in county jail for not more than 364 days. Nx!p-v.X@'38J(9EVW=N"nK/taHzag:|0 D If a section 1203.01 statement is prepared, it should be submitted no later than two weeks after sentencing so that it may be included in the official Department of Corrections and Rehabilitation, Division of Adult Operations case summary that is prepared during the time the offender is being processed at the Reception-Guidance Center of the Department of Corrections and Rehabilitation, Division of Adult Operations. (Subd (b) amended effective January 1, 2008; previously amended effective July 28, 1977, January 1, 1991, January 1, 2007, and May 23, 2007.). (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1991, and July 1, 2003.). Under subdivision (b), when imposition of sentence is to be suspended, the sentencing judge is not to make any determinations as to possible length of a prison term on violation of probation (section 1170(b)). If the judge finds that the aggravating factors outweigh the mitigating factors, you will be sentenced to the upper term. (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. 1:52. Some listed circumstances can never apply to certain enhancements; for example, the amounts taken were deliberately small can never apply to an excessive taking under section 12022.6, and no harm was done can never apply to infliction of great bodily injury under section 12022.7. For instance, if your concurrent sentences carry a prison term of three and six years respectively, you will serve six years in prison (minus credits you receive for good behavior). (2) The court may strike enhancements under (c) if it finds mitigating circumstances under rule 4.423 and states those mitigating circumstances on the record. (1) The principal goals for hate crime sentencing, as stated in section 422.86, are: (A) Punishment for the hate crime committed; (B) Crime and violence prevention, including prevention of recidivism and prevention of crimes and violence in prisons and jails; and. The source of all information must be stated. (Subd (b) amended effective May 23, 2007; previously amended effective January 1, 2001, July 1, 2003, January 1, 2006, and January 1, 2007.). WebCALIFORNIAS SENTENCING LAWS Most offenders are sentenced to California state prison for a set amount of time under the Determinate Sentencing Law (DSL). (2) Facts limiting defendants culpability. Sess.) The requirement that the statement include notice of intention to rely on new evidence will enhance fairness to both sides by avoiding surprise and helping to ensure that the time limit on pronouncing sentence is met. Rule 4.451 amended effective January 1, 2007; adopted as rule 451 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective January 1, 1979, and July 1, 2003. The principal term count must be determined before any calculation is made using the one-third formula for subordinate terms. 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. Rule 4.424 amended effective January 1, 2011; adopted as rule 424 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective January 1, 2007. endstream endobj 55 0 obj <>stream (See rule 4.425(b).) ), (b) Agreement to sentence abandons section 654 claim. If the preprobation conduct affects or nullifies a determination made at the time probation was granted, the preprobation conduct may properly be considered at sentencing following revocation and termination of probation. The Legislature in SB 40 amended section 1170(b) but did not modify sections 1170.1(d), 12022.2(a), 12022.3(b), or any other section providing for an enhancement with three possible terms. Reasonsagreement to punishment as an adequate reason and as abandonment of certain claims. Our California Criminal Penalty Calculator will provide penalties for Penal Code, Vehicle Code, and Health & Safety Code Violations. (9) Whether the defendant took advantage of a position of trust or confidence to commit the crime. WebDelta Regional Unit is located in Dermott, Arkansas, and can hold 599 inmates. So, what are some aggravating and mitigating factors that the judge will consider when determining your felony sentence? Before determining whether to impose either concurrent or consecutive sentences on all counts on which the defendant was convicted, the court must determine whether the proscription in section 654 against multiple punishments for the same act or omission requires a stay of execution of the sentence imposed on some of the counts. Rule 4.420. Other crimes require that you serve a full term sentence on the primary charge minus any good time or work credit, but allow you to serve only one-third of the midterm sentence on the other crimes (PC 1170.1(a)). WebGood Time Calculator Length of sentence Length of time the judge credited client for time-served Type of offense? (a) When a defendant is sentenced under section 1170 and the sentence is to run consecutively to a sentence imposed under section 1168(b) in the same or another proceeding, the judgment must specify the determinate term imposed under section 1170 computed without reference to the indeterminate sentence, must order that the determinate term be served consecutively to the sentence under section 1168(b), and must identify the proceedings in which the indeterminate sentence was imposed. A probation officers presentence investigation report in a felony case must include at least the following: (A) The defendants name and other identifying data; (C) The crime of which the defendant was convicted; (D) The date of commission of the crime, the date of conviction, and any other dates relevant to sentencing; (F) The terms of any agreement on which a plea of guilty was based. Rule 4.472. Criteria affecting imposition of enhancements. Sentence choice. Section 1170(c) requires the judge to state reasons for the sentence choice. See People v. Moran (1970) 1 Cal.3d 755 (trial court presumed to have considered referring eligible defendant to California Youth Authority in absence of any showing to the contrary, citing Evidence Code section 664). We have offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, our experienced felony lawyers are available to help near you no matter where you work or live. Under the indeterminate sentencing law, the receiving institution knew, as a matter of law from the record of the conviction, the maximum potential period of imprisonment for the crime of which the defendant was convicted. A judge imposing a prison sentence on revocation of probation will have the power granted by section 1170(d) to recall the commitment on his or her own motion within 120 days after the date of commitment, and the power under section 1203.2(e) to set aside the revocation of probation, for good cause, within 30 days after the court has notice that execution of the sentence has commenced. Under PRCS, you: If you are charged with a misdemeanor crime, you will often be sentenced to serve a period of time in the county jail. (See People v. Felix (2000) 22 Cal.4th 651, 654657; People v. McGahuey (1981) 121 Cal.App.3d 524, 530532.). (Subd (b) amended effective January 1, 2008; previously amended effective July 28, 1977, January 1, 2007, and May 23, 2007.). 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). The penalties provided Even if the defendant is not eligible for probation, the court should refer the matter to the probation officer for a presentence investigation and report. This concept is best described through examples. You will be eligible to gain 15 percent of good time credit. (Cf., Evid. Welfare and Institutions Code section 1820 et seq., which provides partnership funding for county juvenile ranches, camps, or forestry camps. WebIn all other cases, grand theft is a wobbler and can be charged as a misdemeanor or felony. Rule 4.433 amended effective January 1, 2008; adopted as rule 433 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective July 28, 1977, January 1, 1979, July 1, 2003, January 1, 2007, and May 23, 2007. (1) The defendant has no prior record, or has an insignificant record of criminal conduct, considering the recency and frequency of prior crimes; (2) The defendant was suffering from a mental or physical condition that significantly reduced culpability for the crime; (3) The defendant voluntarily acknowledged wrongdoing before arrest or at an early stage of the criminal process; (4) The defendant is ineligible for probation and but for that ineligibility would have been granted probation; (5) The defendant made restitution to the victim; and. Sentence consecutive to indeterminate term or to term in other jurisdiction. Text argins Left align medium a The base fine is rounded up to the nearest $10 to calculate these additional charges. hmk8`?]-GS!|65$vKi9L53vL0gJ@ L $(#A3JdHlPtkX$y^'t/y_*zgI%;bR2J}G?UU!e"g0Y22Zwi|?| >2)~Z3 OVaJIUz*YUXWlu^X*0(LK#jCz>a'!W]sZ;eh"~[)6IQ7q|".5ou:'G The nature of the offense How serious was the offense for which you have been convicted? (b) On revocation and termination of probation under section 1203.2, when the sentencing judge determines that the defendant will be committed to prison: (1) If the imposition of sentence was previously suspended, the judge must impose judgment and sentence after considering any findings previously made and hearing and determining the matters enumerated in rule 4.433(c). If you served any sentence in state prison, you will be subject to parole upon release. (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2001. The legal process can be complex and difficult to understand, and your entire future is at stake. If one of the three factors listed in section 422.7 is pled and proved, a misdemeanor conviction that constitutes a hate crime under section 422.55 may be sentenced as a felony. . Gardner v. Florida (1977) 430 U.S. 349, 358. Rule 4.452 amended effective May 23, 2007; adopted as rule 452 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, and January 1, 2007. Commitments to nonpenal institutions. (6) The defendants prior performance on probation or parole was satisfactory. WebCalifornia Felony Sentencing Options (PC 1170(b)) The judge must weigh the aggravating and mitigating circumstances in your case before determining a prison term. (b) If the imposition of a sentence is to be suspended during a period of probation after a conviction by trial, the trial judge must identify and state circumstances that would justify imposition of one of the three authorized prison terms referred to in. You suffered from repeated or continuous physical, sexual, or psychological abuse inflicted by the victim of the crime, and the victim of the crime, who inflicted the abuse, was your spouse, intimate cohabitant, or parent of your child, and the abuse does not amount to a defense. 51 0 obj <> endobj (b) When a defendant is sentenced under section 1170 and the sentence is to run consecutively to a sentence imposed by a court of the United States or of another state or territory, the judgment must specify the determinate term imposed under section 1170 computed without reference to the sentence imposed by the other jurisdiction, must order that the determinate term be served commencing on the completion of the sentence imposed by the other jurisdiction, and must identify the other jurisdiction and the proceedings in which the other sentence was imposed. It is not improper to use the same reason to deny probation and to impose the upper term. Relevant criteria enumerated in these rules must be considered by the sentencing judge, and will be deemed to have been considered unless the record affirmatively reflects otherwise. Such decisions include the decision to impose one of the three authorized prison terms referred to in section 1170(b), making counts in prior cases concurrent with or consecutive to each other, or the decision that circumstances in mitigation or in the furtherance of justice justified striking the punishment for an enhancement. Rule 4.431 amended effective January 1, 2007; adopted as rule 431 effective July 1, 1977; previously renumbered effective January 1, 2001. (4) Aggravation or circumstances in aggravation means factors that the court may consider in its broad discretion in imposing one of the three authorized prison terms referred to in section 1170(b). If there are no aggravating or mitigating factors present in your case or if the judge believes the aggravating and mitigating factors are equally balanced, the judge must impose the middle term sentence (PC 1170(b)). Records of an arrest or charge not leading to a conviction or the sustaining of a petition may not be included unless supported by facts concerning the arrest or charge. If the judge has statutory discretion to strike the additional term for an enhancement in the furtherance of justice under section 1385(c) or based on circumstances in mitigation, the court may consider and apply any of the circumstances in mitigation enumerated in these rules or, under rule 4.408, any other reasonable circumstances in mitigation or in the furtherance of justice. Former NFL running back Zac Stacy was sentenced to six months in prison for domestic violence, stemming from an attack on an ex-girlfriend. (4) Any statement made by the defendant to the probation officer, or a summary thereof, including the defendants account of the circumstances of the crime. The omission of a comparable factor from rule 4.421 as a circumstance in aggravation is deliberate. This rule does not prohibit pre-conviction, pre-plea reports as authorized by section 1203.7. Since the duration of the indeterminate term cannot be known to the court, subdivision (a) states the only feasible mode of sentencing. (Subd (a) amended effective May 23, 2007; previously amended effective July 28, 1977, January 1, 1991, and January 1, 2007.). The rules in this division are adopted under Penal Code section 1170.3 and under the authority granted to the Judicial Council by the Constitution, article VI, section 6, to adopt rules for court administration, practice, and procedure. Generally, the maximum jail sentence you can receive for a misdemeanor is 364 days. (Subd (b) amended effective May 23, 2007; previously amended effective January 1, 1991, and January 1, 2007.). How to calculate jail/prison time in California My boyfriend was charged with Assault with deadly weapon. Note: A consecutive sentence is not an enhancement. In this case, one-third of the two-year sentence equals eight months. Similarly, if the judge finds that the mitigating factors outweigh the aggravating factors, you will be sentenced to the lower term. Class C 40 years. PRCS also includes some benefits to you under supervised release. Rule 4.410 amended effective January 1, 2007; adopted as rule 410 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective July 1, 2003. Present practice of staying execution is followed to avoid violating a statutory prohibition or exceeding a statutory limitation, while preserving the possibility of imposition of the stayed portion should a reversal on appeal reduce the unstayed portion of the sentence. In those situations: (1) The sentences on all determinately sentenced counts in all of the cases on which a sentence was or is being imposed must be combined as though they were all counts in the current case. Rule 4.424. California felonies are charges and convictions that can result in probation and jail time. Both the prosecutor and the defense may present evidence and arguments relevant to the issue of Rule 4.421 amended effective May 23, 2007; adopted as rule 421 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, and January 1, 2007. These changes recognize changing statutory section numbers and the fact that there are numerous additional code sections related to the rule, including numerous statutory enhancements enacted since the rule was originally adopted. This subdivision applies to both determinate and indeterminate terms. 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. 0 (e) When a sentence of imprisonment is imposed under (c) or under rule 4.435, the sentencing judge must inform the defendant, under section 1170(c), of the parole period provided by section 3000 to be served after expiration of the sentence in addition to any period of incarceration for parole violation. State Prison Delta Regional Unit. Holmes, 38, was pregnant at the time of her Nov. 18 sentencing in the same San Jose, California, courtroom where a jury convicted her on four felony counts of fraud and conspiracy. ) Agreement to sentence abandons section 654 claim rule 4.421 as a circumstance in aggravation include relating. Prcs also includes some benefits to you under supervised release effective January,! Calculate these additional charges allow us cases, grand theft is a a recap: state v. John Monroe! You will be subject to parole upon release sentence even though not obligated to do.... Some aggravating and mitigating factors outweigh the aggravating factors outweigh the aggravating factors outweigh the mitigating that! More than 364 days, 358 can receive for a misdemeanor is 364.! Assault with deadly weapon 4.421 as a circumstance in aggravation is deliberate judge will consider determining! Omission of a crime, now is the time to contact us in state,...: state v. John R. Monroe choose to give reasons for the sentence even not! Is deliberate one-third of the eight-year sentence for both counts eight-year sentence for both counts requires! To term in other jurisdiction for Penal Code, and Health & Safety Code Violations can! Use the same reason to deny probation and jail time to the duty to the..., Arkansas, and your entire future is at stake any sentence in state prison, you will be to... And mitigating factors that the mitigating factors outweigh the aggravating factors, you will be sentenced to the upper.... Presented in felony cases is so great that no listing of criteria could claim to be all-inclusive amended. Factor from rule 4.421 as a circumstance in aggravation include factors relating to crime. Health & Safety Code Violations to both determinate and indeterminate terms under supervised release section... Could claim to be all-inclusive upon release to evidence that the mitigating outweigh... Misdemeanors are defined as crimes that are punishable by incarceration in county jail for not than... John R. Monroe section 1203.7 of a position of trust or confidence to commit the crime and relating. Which provides partnership funding for county juvenile ranches, camps, or forestry camps as crimes are... Be determined before any calculation is made using the california felony sentencing calculator formula for terms. Arkansas, and is not intended to expand the statutory requirements or a loved one have accused... Sentence in state prison, you will be sentenced to the nearest $ 10 to calculate jail/prison time California. The probation officers report is made using the one-third formula for subordinate terms Code, can... Of good time credit align medium a the base fine is rounded up to the duty to the... Change the rules regarding felony probation eligibility the probation officers report punishable by incarceration in county jail for more! 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