Chernoff talking about just receiving info from prosecution today regarding arguing this case should be considered "serious felony" and judge is saying he just got it today. Two cases of case law. Judge not happy they just got this today and asking prosecution why they are just getting this today.
(wonder if this would prohibit his sentence from falling under the new law which would get him less time due to realignment sending him to prison instead of county jail)
Walgren telling judge why they just got this to them this morning. Case law they researched this yesterday.
Has to do with realignment law that California has now. Judge is saying that his understanding of the realignment law specifically states that Involuntary Manslaughter does fall under the realignment, Walgren agrees but says these 2 cases can argue could pull this particular case out of the new legislation. Judge asking Walgren if he intends to argue this.
This is very confusing.
(wonder if this would prohibit his sentence from falling under the new law which would get him less time due to realignment sending him to prison instead of county jail)
Walgren telling judge why they just got this to them this morning. Case law they researched this yesterday.
Has to do with realignment law that California has now. Judge is saying that his understanding of the realignment law specifically states that Involuntary Manslaughter does fall under the realignment, Walgren agrees but says these 2 cases can argue could pull this particular case out of the new legislation. Judge asking Walgren if he intends to argue this.
This is very confusing.