What Can This Mean?

[stra8up3]

What is the name of your state? CALIFORNIA
My boyfriend who was on parole was arrested last week and is currantly in Chino Prison. He was charged with 148(A)(1) M PC OBSTRUCT/RESIST PUB OFF, and has a court date for that offence in October of this year. Along with that, the record shows that he also has a court date one year and one day from the day of his arrest. the hearing type is listed as an ARRAIGNMENT and under action it says; "O.R. filing annual review date (Clerk calendar) 7/11/2007 8:00 am dept PTSSW". My question is, what does "O.R. filing annual review date (Clerk calendar)" mean? Could it mean he will be locked up for a year? thank you for your response

 

[garrula lingua]

The unknown info is regarding Parole.
He has a new misdemeanor charge for Delay/Obsruct/Resist a Peace Officer which is a one-year misdemeanor. The O.R. means 'own recognizance'.

Your BF can be sentenced, up to one year (in county jail) on the misdemeanor, and up to a year in state prison for the felony probation violation.

Usu the state court will defer to Parole - they want to see what Parole will do, before they dispo the misd.

So, it sounds like the state court released him (O.R.) because Parole had a 'hold' -they have him for the felony & it's up to Parole as to whether they violate him & send him to prison for a year.
The state court can sentence him up to one year for the PC148a1, so they released him to Parole & set a date for arraignment one year & one day (bf waived time & agreed);

At arraignment in 10/07, state court will see what Parole did & decide if it's time served or more time. ....Parole may only hold him a few months, or a year - it's up to Parole.

If he was a real jerk, both Parole and County can impose separate custody time, but the courts usually run them concurrent (serving the felony probation violation in prison and the one year in county jail for the misd at the same time).

So, the ans is: it depends on Parole as to how long they sentence BF (up to a year), then state court gets a shot at him (in case Parole drops it, or only does a few months).

 

[stra8up3]

much appreciated

Thank you for the information and your time.