Wednesday, April 06, 2011

In Re Borlik (Cal. Ct. App. - April 6, 2011)

You say you were sentenced to six years in prison for driving drunk and running over a 72 year old cyclist, killing him?  Sucks to be you.

You say that case law entitled you to work and good conduct credits so you only had to serve three years (as long as you did everything that was required)?  Fair enough.  So the Department of Corrections told you your parole date would be October 9, 2008?  Well then, I guess it is.

Wait a minute.  The California Supreme Court took up a case and changed the rule?  So now you don't get released until July 28, 2011?  Wow.  Sorry about that.

But surely the new rule articulated by the California Supreme Court can't be retroactive, can it?  Yes, the Court of Appeal holds, it is.

But surely that doesn't apply to you, since you relied on the prior calculation and can prove that the only reason you went (and performed admirably) at work camp was to get the extra credits -- credits that the Court of Appeal now says you don't get?  Nope.  Your proof is irrelevant.  Guess you shouldn't have relied on either the calculations or the then-existing law.

But surely you aren't going to make me go back to prison, are you?!  I was released from prison in August 2009, after the Court of Appeal vacated a stay.  I've been living a crime-free life since then. I've done all I have to do.  Surely you're not going to make me report back to prison after being released?

Yes, we are.