California Criminal Appeals Lawyer Blog

Another Barhoma Law, P.C. Client Is Resentenced Pursuant to SB 483 and Penal Code § 1170.03 | San Bernardino County

Published on: May 2, 2022 | by Barhoma Law

Another Barhoma Law, P.C. client is fortunate to be successfully resentenced out of Riverside County pursuant to Senate Bill 483 and Penal Code § 1170.03.

On April 15, 2022, after nearly 9-months of review, the California Superior Court of Rancho Cucamonga successfully resentenced a Barhoma Law, P.C., sparing him from an illegitimate sentence. The San Bernardino Superior resentencing Court issued Barhoma Law, P.C. a new Abstract of Judgment amending our client’s sentence.

In 2012, the client was initially charged with three (3) counts of robbery (Penal Code1 § 211), each with allegations of the robberies being committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)) and use of a firearm (§ 12022.53, subds. (b), (e)(1)). He was also charged with a single count of being a prohibited person (i.e., felon or addict) in possession of a firearm (§ 29800, subd. (a)) with a criminal street gang enhancement (§ 186.22, subd. (b)(1)(A)). Further, it was alleged that he had suffered a prior prison term (§ 667.5, subd. (b)).

Barhoma Law, P.C. Appears on CourtTV to Discuss Clemency and Parole Board Hearings in California

Published on: February 24, 2022 | by Barhoma Law

Recently, California criminal appeals attorney Matthew Barhoma appeared on CourtTV to discuss Governor Newsome’s recent decision not to sign for the release of Leslie Van Houten, despite the parole board’s decision that she should be released on parole. Now 72 years old, Leslie Van Houten was given a life sentence for helping Charles Manson carry out the infamous LaBianca murders back in August 1969. At the time, Van Houten was 19 years old.

In 2020, Van Houten obtained a recommendation from the parole board that she should be released from prison. The board found that she “does not pose an unreasonable risk to public safety” and that she has shown remorse for her actions. However, Governor Newsome refused to sign off on Van Houten’s release, finding that, in his opinion, she posed an unreasonable danger if released. This marks the fifth time the parole board has found Van Houten should be released on parole, and the fifth time the sitting governor reversed the parole board’s decision.

Governors in every state have broad power to grant clemency to an inmate at their discretion. However, California is unique in that it is one of just a few states that allows the governor to reverse a parole board’s decision regarding any inmate who was sentenced to an indeterminate sentence of life in prison with the possibility of parole. Attorney Barhoma notes, “Ultimately, the governor is exercising his discretion. I think that he is looking at the criteria quite frankly. There may be public hysteria. She possibly poses a further threat. The way she describes her admiration for Mason maybe really hasn’t changed. So, here are a lot of twists and turns in this.” Here is the interview with Attorney Matthew Barhoma, California Appellate attorney:

ABC7 Publishes an Article About Attorney Matthew Barhoma and Barhoma Law, P.C.’s Work in Resentencing Client

Published on: February 8, 2022 | by Barhoma Law

ABC7 publishes an article covering California Criminal Appeals attorney, Matthew Barhoma’s work in a re-sentencing of his client pursuant to Penal Code 1170(d)(1) and AB 2942.

The article highlights a recent success for Barhoma Law, P.C., where the Firm successfully reduced a client’s sentence just mere 9 months after retaining the Firm. Our client, Mr. Earl Snoddy, spent the last 27-years behind bars for a crime he likely did not commit. The Firm filed a conviction integrity request. In addition, Mr. Snoddy, through his counsel, sought to recall and renegotiate on the sentence by submitting an AB 2942 / Penal Code § 1170(d)(1) petition. The matter had deep implications among the California Three Strike laws and various enhancements, as discussed by the ABC7 article and coverage on the matter.

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Family Reunited

Attorney Matthew Barhoma appears on CourtTV for Analysis on Sentencing Laws and Recent Developments

Published on: February 8, 2022 | by Barhoma Law

Renowned California Criminal Appeals Lawyer Comments on Recent Criminal Justice Headlines

Recently, founder of Barhoma Law, P.C. Attorney Matthew Barhoma, appeared on Court TV to discuss several of the nation’s highest-profile criminal cases.

Ahmaud Arbery

BARHOMA LAW, P.C. CLIENT, EARL SNODDY, RESENTENCED AFTER 9 MONTHS OF RETAINING THE FIRM. CLIENT CASE FEATURED ON ABC7, KTLA, FOX11 AND MORE

Published on: February 7, 2022 | by Barhoma Law

Barhoma Law, P.C., client, Earl Snoddy, is resentenced by the state court, making him a free man just 9 months after retaining Barhoma Law, P.C., the leading California Appeals and Post-Conviction law firm.

Mr. Earl Snoddy spent 27-years behind bars. Barhoma Law, P.C. successfully recalled his sentence pursuant to Penal Code § 1170(d)(1)/AB 2942. Barhoma Law, P.C. reached a joint-stipulation with the Los Angeles District Attorney’s as to Mr. Earl Snoddy’s new sentence. Due to this case, the Los Angeles County District Attorney’s office has hired a Re-entry specialist with demonstrated decades of experience. Attorney Matthew Barhoma and Barhoma Law, P.C. team members worked alongside the re-entry specialist to enroll Mr. Snoddy in a re-entry program, where he will learn to become reintegrated into everyday society.

Barhoma Law, P.C. additionally worked closely with attorneys within the DA’s office, who felt passionate about the merits of this conviction.

California’s Three Strikes Law

Published on: November 18, 2021 | by Barhoma Law

While California is on the cutting-edge of criminal justice reform, in large part, this is due to the extremely harsh sentencing laws enacted in decades past. Most notably, California’s three strikes law, codified in Penal Code § 667, provides for increasingly harsh sentences for those who have been convicted of certain felony crimes. In some cases, the California three strikes law can result in an additional 25-year to life sentence on top of the sentence for the most recent conviction.

The History of the California Three Strikes Law

Back in 1994, during the height of the war on drugs and while many California cities were plagued by the highest rate of violent crime in history, Governor Wilson signed AB 971 into law. AB 971 was known as the “Three Strike and You’re Out” law or, more commonly, as the “Three Strikes Law.”

Certificates of Rehabilitation Are an Underutilized Resource for Many Former California Inmates

Published on: November 3, 2021 | by Barhoma Law

The effects of a felony conviction are severe and remain with you for life. However, by obtaining a certificate of rehabilitation, inmates can regain many of the liberties they’ve been deprived of due to their conviction. While certificates of rehabilitation are not new, by any means, they are underutilized, in large part, because they are misunderstood. Read on to learn more about certificates of rehabilitation and how to obtain one.

What Is a Certificates of Rehabilitation?

A certificate of rehabilitation is a court determination that a former inmate has been fully rehabilitated. In this way, a certificate of rehabilitation does not help currently incarcerated inmates; however, it can help formerly incarcerated inmates on their journey to rebuild their lives and become contributing members of society.

SB 775 May Help You Reduce Your Manslaughter and Attempted Murder Convictions, Much Like SB 1437

Published on: September 22, 2021 | by Barhoma Law

Barhoma Law, P.C., a California Criminal Appeals law firm, has been following Senate Bill 775 closely. Senate Bill 775 passed the senate and the assembly this month, on September 10, 2021. It has been passed off to Governor Newsom for final signature. If signed, this bill will help reduce the sentence of those convicted of attempted murder and manslaughter, if they meet the SB 775 criteria.

Most notably, SB 775 is retroactive, meaning, you can apply this new law to your case, despite your case being final. Previously, SB 1437 changed the felony murder rule. Under SB 1437, those convicted under the natural and probable consequences doctrine were able to petition the court to re-examine their case. More specifically, per SB 1437, if an accused did not: (1) act with reckless indifference to human life, or (2) was not a major participant to homicide, they were able to petition for re-sentencing. Attorney Matthew Barhoma, founder of Barhoma Law, P.C. was successful multiple times under this law, giving back his clients a second chance at life.

However, SB 1437 only applied to those convicted of homicide. As such, it did not apply to those convicted of lesser offenses, such as attempted murder or manslaughter. Even worse, the SB 1437 criteria left out those who were facing homicide charges, but decided to comply with the District Attorney’s office during their prosecution by accepting a plea deal for a lesser offense.

The Breakdown of California’s New Sentencing Enhancement Laws

Published on: September 21, 2021 | by Barhoma Law

Over the past decade, California lawmakers have taken significant steps to improve the state’s broken criminal justice system. Lawmakers began to realize that decades of a “War on Drugs,” coupled with the state’s tough-on-crime stance, resulted in over-incarceration, mostly of Young Men of Color. However, given the recent sea change in the state’s sentencing enhancement laws, thousands of current inmates stand to have their sentences reduced. Below is a description of some of the most notable new sentencing enhancement laws over the past few years.

Senate Bill 180

Effective: January 1, 2018.

Matthew Barhoma with Barhoma Law, P.C. Weighs in on a Motion for New Trial, Appellate Chances, and Various Post-Conviction Remedies

Published on: September 14, 2021 | by Barhoma Law

Mollie Tibbets’ alleged killer has been convicted of her murder by a jury. While the jury found him guilty, he took the stand in his own case, attesting there were others involved and he was under duress. At first, the testimony seemed strange. And ultimately, the jury did not buy it, when they convicted him of her murder.

During the sentencing phase, Mollie Tibberts’ alleged killer brings a Motion for a New Trial, which is a motion to bring about a new trial based on “new and additional evidence.”

In this video, California Criminal Appeals attorney, Matthew Barhoma, founder of Barhoma Law, P.C. breaks down analysis regarding the new evidence and outlines all the ways you can use this evidence. This analysis covers even how to use “new and additional evidence” in a Writ of Habeas Corpus setting and in other post-conviction and appellate procedures.