Will he be elligable for parole?

What is the name of your state (only U.S. law)? CA

He hasn't been sentenced yet, but made a plea bargain for 4 years at 80% for a felony crime. He had a previous strike on his record for a non violent crime. 2 questions: Does he have to serve 80% before he is elligable for parole? If yes, is it too late to try to fight to get this strike off his record? He has 2 months before sentencing.

One more question: If he gets sentenced, can we appeal due to the fact that his strike was from a non violent crime?

Just looking for any light at the end of this tunnel, thanks for any help in advance.

What did your lawyer say when you asked your questions?

Have you spoken with the probation/parole officer?

GENERALLY you cannot appeal your guilty plea.

If a person has one previous serious or violent felony conviction, the sentence for any new felony conviction (not just a serious or violent felony) is twice the term otherwise required under law for the new conviction.

(Serious felonies include the same offenses as violent felonies, but also include other offenses such as burglary of a residence and assault with intent to commit robbery.)

The length of time between the prior and new felony conviction does not affect the imposition of the new sentence, so serious and violent felony offenses committed many years before a new offense can be counted as prior strikes. Probation may not be granted for the new felony, nor may imposition of the sentence be suspended for any prior offense. The defendant must be committed to state prison and is not eligible for diversion. Prosecutors can move to dismiss, or “strike,” prior felonies from consideration during sentencing in the “furtherance of justice.” Strikers cannot reduce the time they spend in prison by more than one-fifth (20%) ,rather than the standard of one-half, by earning credits from work or education activities.

Four years may be a good deal. What crime is the new strike for?

If the offense is a strike offense, then you cannot appeal based on it not being a violent offense. As a matter of fact, there is not much you can appeal after a guilty or nolo plea. You can only appeal matters that occur after the plea, like whether he was given sufficient presentence credits. If he had any grounds for challenging the truth of the strike, the time to do that was before he admitted it and agreed to the four years.