No. 18-5484

William N. Washington v. California

Lower Court: California
Docketed: 2018-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion criminal-sentencing custody-credits due-process equal-protection habeas-corpus original-sentence penal-code penal-code-1170.18 proposition-47 resentencing safe-neighborhoods-act sentencing sentencing-discretion
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the trial court erred in failing to recalculate all days of custody from the date of original judgment, and only awarded custody credits from the date of amendment, when it resentenced petitioner under the Safe Neighborhoods and Schools Act, also known as Proposition 47

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ~ sO 1. WHETHER THE TRIAL COURT ERRED IN FAILING TO RECALCULATE . ALL DAYS OF CUSTODY FROM THE DATE OF ORIGINAL JUDGMENT, AND ONLY | AWARDED CUSTODY CREDITS FROM THE DATE OF AMENDMENT, WHEN IT RESENTENCED PETITIONER UNDER THE SAFE NEIGHBORHOODS AND SCHOOLS ACT, ALSO KNOWN AS PROPOSITION 47. 2, WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY IMPOSING A TERM LONGER THAN THE ORIGINAL SENTENCE, THUS VIOLATING CALIFORNIA PENAL CODE SECTION 1170.18, SUBDIVISION (E). ° , i.

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-24
Waiver of right of respondent California to respond filed.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 7, 2018)

Attorneys

California
Lance E. WintersCalifornia Attorney General's Office, Respondent
Lance E. WintersCalifornia Attorney General's Office, Respondent
William N. Washington
William N. Washington — Petitioner
William N. Washington — Petitioner