QUESTION:
I plead to residential burglary and received a strike. Can my strike be drop and crime reduced? Nobody was home it was in 2014 I got out and now in prison on new beef can I get half time now
ANSWER:
You could have filed a Romero motion to have the previous strike set aside for the purpose of sentencing on the new case – but they’re not always granted. If you still have an open case, I highly recommend filing a Romero motion. If you’re already serving a sentence in state prison on the new case, you will likely serve the sentence at 80 or 85 percent.
The only encouragement I can give you is that we’re still working through all the permutations of Prop 57. If your new crime is non-violent, I suggest you do some research on that front.
