Kim Kardashian Helps Get Man Released From Prison After Over 20 Yea
Washington Post - A District man who has spent 22 years in prison after being convicted of a murder when he was 16, and who caught the attention and support of reality-TV star Kim Kardashian West, was ordered released from prison Friday.
Momolu Stewart was granted release under the city’s new law that calls for the reexamination of prison sentences for inmates who committed crimes when they were juveniles.
During a brief hearing Friday, D.C. Superior Court Judge Robert Salerno granted the petition to reduce the life sentence of Stewart, 39, to time served, allowing Stewart to be released from prison as early as next week.
Although this case did not happen in California, it demonstrates the sweeping notion that it time to reconsider sentencing and continues movement towards widespread justice reform.
What Does California AB 2942 Do?
California AB 2942 revised California Penal Code (PC) Section 1170(d)(1). Under the revised law, DAs now have the right to reevaluate past sentences. If the DA determines that the length of the sentence no longer serves the interests of justice, then they may request resentencing for that inmate. A DA in the county in which the inmate was sentenced may bring the request to the county court.
If the court agrees to resentence the defendant, it will hold a resentencing hearing. It may provide a new sentence, as long as that term is shorter than the initial sentence.
What the Court Considers For a Recall
When determining whether to recall a defendant’s sentence, the court can consider a wide range of factors, including an inmate’s behavior following conviction. Some of the factors the court may consider include:
An inmate’s record of rehabilitation while incarcerated
Whether there is evidence that the inmate’s risk of recidivism has been reduced
Evidence that circumstances have changed since the inmate was originally sentenced, such that continued incarceration does not serve justice
There are No Exclusions in AB 2942
A prosecuting agency can recommend a recall of sentence involving any type of offense, any type of sentence, and there are no requirements of time served.
What Will Happen During the Hearing?
If the court decides to hear your case and recall your sentence, the court will then hold a sentencing hearing as if you had not previously been sentenced. The court can then use all of its judicial powers available at the time of the resentencing hearing, including new authority to strike enhancements under recent reforms.
Contact Our Attorneys Regarding California AB 2942
If you or a loved one have served a significant portion of a long prison sentence and believe you deserve to have that sentenced recalled and reduced, do not hesitate to contact us. Based on the newly revised Section 1170(d)(1), now is the time to determine whether you may be eligible for a reduced sentence.