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Motion to vacate part of sentence Sentencing, Plea Bargains

Discussion in 'Criminal Procedure, Criminal Court' started by vestal99, Oct 17, 2008.

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  1. vestal99

    vestal99 Law Topic Starter New Member

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    My mom was sentenced to 18 months periodic imprisionment stating 180 days straight time and 12 months work release for a class 1 felony. We found that it did not fit the statue and tried to get a lawyer to go back into court and vacation the sentence. WE were told we couldn't get a lawyer after sentencing. When she was getting released on Tuesday and put into work release the jail said they didn't understand her sentence and that they were contacting the ASA to get clarification. She was notified that she had a court date and we went to court today. The ASA told the judge that the sentence was void because after reading teh stutue under periodic imprisionment it stated that someone cuold not be sentenced to periodic imprisionment if the were sentenced to serve 90 days or more in the county jail. The judge appointed her a PD and set another court date for next Friday. The PD said that they will vacate the 12 months periodic imprisionment sentence next week. My question is, will she be done then? Or will the judge have the chance to resentence her to something else? She served her 6 months already (with good time it was 90 days) and now she is still in serving the 12 months sentence even though it was determined it needed to be vacated. We have no idea what to expect next week.

    Thanks in advance to anyone who can assist.

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