Unfair Sentencing

[Michael's Mom]

My question involves criminal law for the state of: California
On December 15, 2000 the orange county district attorney filed an information alleging my son commited the following crimes: count one, attempted, deliberate and premeditated murder, in violation of penal code sections 664/187, subdivision (a);count two, assault with a firearm, in violation of penal code section 245, subdivision (a)(2);count three, possession of a firearm by a felon, in violation of Penal code section 12031 subdivision (a);count four, gang member carring a firearm in public, in violation of penal code sections 12031, subdivision (a)(1), and 12031, subdivision (a)(2)(C);count five, street terrorism, in violation of penal code section 186.22, subdivision (a).
On August 12, 1999 after being up for four days on methamphetamine and drinking beer, he jumped out of a durango and shoot four or five shoots at Eugene Harvey with one bullet hitting him in the right upper thigh. Eugene Harvey was taken to the hospitial and released the same day with no major damage.
My Son was sentenced to 40 years to life due to the above excess charges...now this has changed his life and he is now a saved man and serving God...going to college in Prison...and is also now married.
We belive he deserves a second chance...even an eye for an eye like in the bible...but not his life, as he did not take anyone life...also all of the extra charges to make it so he could ever leave prison...it just isn't fair.
Why isn't everyone treated the same why do we lable people to give them more time...when people can kill people and get less time.
I'm getting older and I need my only son back...he has served his time and he has paid his debt...he has learned his lesson and he is a better person for it.
God willing he will get the chance to come home so he can use his life to help other young people that are on the way to making the same mistake as him...find a better life.
If anyone can please help us...

[kist]

He got religion. . . in jail? Wow cool

God love ya' mom. I think that will happen anyway due to budget issues. What you should do is keep looking until you find the people who can help, if any help is possible.

It seems like you are responding now because you know there is a big early release coming. What you want to know is how can I help, who do I send a letter too? I'm not sure either but the warden would be a good start. Then check this site carefully.

http://www.prisonlaw.com/

[Michael's Mom]

Thanks for the information...I will check out the site that you referred me to.
As for why I waited until now...I'm not sure, but I do know had he did this crime a year earlier he would have been given a 15 year maximum sentence and would have gotten an early release for good behavior and be home by now.
So deep in my heart I feel he has paid his debt and deserves his life back.
Even thou it was the unfair sentence that changed his life...and made him see what a gift life truley is and that it is time for him to put away his childish ways and do something good with the gift of life he was given.

[cdwjava]

People convicted of the premeditated and attempted murder of another person are NOT going to be subject to early release. Period.

And his "excessive" penalty was as a result of his prior convictions as well as the current offenses. Since he was a felon in possession of a firearm that implies that ... well ... he had prior felony convictions. His sentencing is because he is a violent, career criminal. Additionally, he likely cannot be released yet because of the gang and firearms enhancements hanging over him. He's going to be in prison for a while before being eligible for parole.

- Carl

[cyjeff]

And let's not minimize what was committed, either.

It was only through the grace of God that he isn't on death row for multiple murders.

He certainly didn't MIND killing anyone... his aim just stunk.

He shot up a STREET CORNER. Yes, he was on drugs at the time. Yes, he has now found God.

I am not trying to be hard... but do you have any idea how many times A DAY the parole board hears those words?

[cdwjava]

If he truly found God, then he can serve Him well behind bars by being a positive role model and an example. he can preach the Word of God from behind bars and convince a new generation to change their course before they follow the path that he took. He can be productive and useful if he tries to be.

But, as Cyjeff points out, parole boards hear this sort of claim every day.

- Carl