WOODLAND, CA – A man who has been incarcerated for 15 years has yet to be fully resentenced—he was technically resentenced this past Feb. 8—because of continued delay, now more than six months, in finalizing Prop. 63 forms here in Yolo County Superior Court.
According to the County of Los Angeles Probation, Proposition 63 “is a safety for all initiative to keep guns and ammo out of the hands of violent offenders. The law attempts to close gaps to prevent the mentally ill and dangerous criminals from obtaining guns by strengthening background checks. The law also requires defendants to relinquish all firearms in their possession and/or control upon conviction.”
The accused is serving a 24-year sentence, which runs consecutively with another case in which he is serving two years from Alameda County. The accused was charged with felony First Degree Murder.
As reflected in the Yolo County Superior Court minute orders, after resentencing took place on Feb. 8, matters were set for reviewing Prop. 63 forms June 27.
On June 27, the Yolo County Superior Court minute orders stated that no attorney was present for the accused and a Prop. 63 form was yet to be completed. Matters were rescheduled for July 25, and the clerk was asked to notify Defense Attorney David Weiner of the next court date.
The Yolo County Superior Court minute orders then show that on July 24, a letter from Weiner was received and sent to the Yolo County District Attorney’s Office.
On July 25, the matter was “not called on the record,” according to the Yolo County Superior Court minute orders, and noted for the clerk to set a future hearing and notify the council.
Last Monday morning matters were again set for Prop. 63 review. Deputy District Attorney Diane Ortiz made a remote appearance via LifeSize as well as Probation Officer Diana Fong.
DDA Ortiz explained to the court resentencing was the reason for the Prop. 63 form and that the form was not yet ready as it needed a CA Dept. of Corrections signature, and the other attorney was unable to get that signature as they had unexpected back surgery.
DDA Ortiz asked Probation Officer Fong if the Prop. 63 form was actually required in this case since the accused was in custody. Probation Officer Fong said she didn’t know the answer and Judge Tom M. Dyer was also unaware of the law.
Judge Dyer reset matters again for Prop. 63 form review on Nov. 15.
