Change sentence details

[mollym.sequoia@]

California

In 1996 "Bob", 17 years old, was found guilty (adjudicated- not jury) of raping his gf, also 17 years old. A few months ago he realized that the charge was wrong. The judge wrote that he was guilty of rape where the victim was "at least 10 years younger than him and under 14 years old". While no one caught the mistake, there is proof of the victims real age in the minutes. How would we go about changing the charge to reflect accurately. It's not an appeal since it's disputing a fact, not the base charge. I was told by the clerk that Bob would need the original lawyer to file something, but the lawyer said "she wouldn't even know where to begin." This needs to be changed to reflect accurately. Any advise (except get a lawyer) is welcome. From what I understand there is no protocol for fixing something like this, so any advise is welcome. And, no, the mistake didn't happen when they changed the criminal sex offender codes in 1999. The mistake was written in the minutes and signed by the judge.

 

[Zigner]

Any advise (except get a lawyer) is welcome.

Then you're going to get some unwelcome advice. He is going to need a lawyer.

 

[Zigner]

I have to ask, though. Was the charge wrong, or did the judge simply make a mistake and write down the wrong description for the charge that he was convicted of?

 

[zddoodah]

The judge wrote

Where did the judge write this?

How would we go about changing the charge to reflect accurately.

We? This almost certainly has nothing to do with you. Bob is, of course, free to consult with a criminal attorney, but it's unlikely that anything can be done regarding this nearly 30-year old matter.

I was told by the clerk that Bob would need the original lawyer to file something

"The" clerk? Unless this is the actual clerk of the ____ County Superior Court, I suggest that you report this person to the supervisory clerk, because this is absolutely inappropriate for a court clerk to be saying.

This needs to be changed to reflect accurately.

Why? Bob was convicted of violating Penal Code section ___, and I assume he has fully completed his sentence. The details in the underlying documents aren't likely to be important to anyone.

 

[quincy]

https://www.sandiegocounty.gov/content/sdc/public_defender/CorrectingErrorsinCaliforniaDepartmentofJusticeCriminalHistoryRecords.html#1

It is not uncommon to find errors in criminal history records. Some errors are inconsequential but the error discovered on Bob’s record is not. I can understand why Bob would want the corrections made.

It will be easiest for Bob to seek assistance from an attorney in his area.

 

[Zigner]

https://www.sandiegocounty.gov/content/sdc/public_defender/CorrectingErrorsinCaliforniaDepartmentofJusticeCriminalHistoryRecords.html#1

It is not uncommon to find errors in criminal history records. Some errors are inconsequential but the error discovered on Bob’s record is not. I can understand why Bob would want the corrections made.

It will be easiest for Bob to seek assistance from an attorney in his area.

Without additional information, we really don't know if this "error" affects his record at all.

It sounds like what may have happened is that the guy was charged and convicted of "x" but the judge misspoke. The charge showing on his criminal record is correct.

Of course, I'm just guessing too

 

[Taxing Matters]

California

The mistake was written in the minutes and signed by the judge.

Minutes are generally a record of whatever hearing was held. (If it was minute order, that's something different.) The judge's comments in the minutes of a hearing do not set the crime he was convicted of or the sentence imposed. He needs to look at the sentencing order the judge signed to see if the court got it right. If he's not done that, then a trip to the courthouse where he was convicted to look at the sentencing order seems to me the first step. He may find that despite the judge's comments at the hearing that he was convicted of the right crime and that the sentence was one that was within the range of penalties specified for the crime.

 

[quincy]

Bob can, and should, order a copy of his own criminal records. That way he can check to see if errors appear.

 

[Ohiogal]

He could, if there is an error of such, attempt to file for a nunc pro tunc journal entry of sentencing listing the proper charge of which he was convicted and requesting that the proper conviction be listed.

 

[stealth2]

California

In 1996 "Bob", 17 years old, was found guilty (adjudicated- not jury) of raping his gf, also 17 years old. A few months ago he realized that the charge was wrong. The judge wrote that he was guilty of rape where the victim was "at least 10 years younger than him and under 14 years old". While no one caught the mistake, there is proof of the victims real age in the minutes. How would we go about changing the charge to reflect accurately. It's not an appeal since it's disputing a fact, not the base charge. I was told by the clerk that Bob would need the original lawyer to file something, but the lawyer said "she wouldn't even know where to begin." This needs to be changed to reflect accurately. Any advise (except get a lawyer) is welcome. From what I understand there is no protocol for fixing something like this, so any advise is welcome. And, no, the mistake didn't happen when they changed the criminal sex offender codes in 1999. The mistake was written in the minutes and signed by the judge.

And you are.... who in this situation?

 

[Zigner]

He could, if there is an error of such, attempt to file for a nunc pro tunc journal entry of sentencing listing the proper charge of which he was convicted and requesting that the proper conviction be listed.

I don't think the charge/conviction is listed incorrectly. I simply think that judge misspoke.

 

[Taxing Matters]

I don't think the charge/conviction is listed incorrectly. I simply think that judge misspoke.

I wouldn't assume that. I've seen plenty of errors in court records and other public agency filings. They don't always get it right, even judges and court clerks. While most of those records are accurate, a defendant doesn't want to assume that. I've occasionally found bad deed records, for example, which then provided me some leverage with the lender on behalf of the client. That in turn got the clients money to pay off the IRS, either in full or at least in part.

 

[Zigner]

I wouldn't assume that. I've seen plenty of errors in court records and other public agency filings. They don't always get it right, even judges and court clerks. While most of those records are accurate, a defendant doesn't want to assume that. I've occasionally found bad deed records, for example, which then provided me some leverage with the lender on behalf of the client. That in turn got the clients money to pay off the IRS, either in full or at least in part.

I can't argue with you, of course.