Legal Basis
This calculation is the same for the following
Predicate and Persistent Felony sentence calculations as defined in:
PL§ 70.04, 70.06, 70.08, 70.07, 70.10, 70.70, 70.71 and 70.80
Once the client is determined to fall into any one of the above categories only the sentence varies for each category.
PL§ 70.04(1) (b)
- Sentence must have been imposed not more than 10 years before commission of the felony for which the defendant presently stands convicted.
Therefore, calculate the time from sentence date of the previous felony to commission date of the current felony in order to determine the total time between the crimes.
- Deduct all the jail time from the date of commission of the first felony to the date of commission of the current felony from the above time between the2 crimes to arrive at the 'total street time'. If this time is less than 10 years then he is a
Persistent Violent Felony Offender or a
Predicate Violent Felony Offender depending on if he has 2 or more violent felonies within this 10 year period.
PL§ 70.06(1) (iv) and (v)
- Sentence must have been imposed not more than 10 years before commission of the felony for which the defendant presently stands convicted.
Therefore, calculate the time from sentence date of the previous felony to commission date of the current felony in order to determine the total time between the crimes.
- Deduct all the jail time from the date of commission of the first felony to the date of commission of the current felony from the above time between the 2 crimes to arrive at the 'total street time'. If this time is less than 10 years then he is a
Second (Predicate) Felony Offender.
