California v. Morgan Docket: D080016 (Fourth Appellate District), Opinion Date: January 20, 2023. In 1981, defendant Richard Morgan was convicted of vehicular manslaughter caused by unlawful exhibition of speed and DUI, neither of which was listed as a qualifying prior for elevating a DUI to a felony under California Vehicle Code section 23550.5 (b). The sole question presented in this appeal was whether Morgan’s nonqualifying 1981 convictions could be treated together as if they were a qualifying prior conviction for violating Penal Code section 191.5 (a), even though the latter statute was not enacted until five years later. After deciding that they could be, the trial court sentenced Morgan’s current DUI convictions as felonies. The Court of Appeal concluded the trial court erred by treating Morgan as if he had previously been convicted of violating a Penal Code provision that was not yet in existence at the time of his 1981 convictions. "Without legislative authorization, we cannot expand the statute by judicial fiat to authorize courts to cobble together the elements of older California convictions and treat them as if they were a violation of a Penal Code provision that was not enacted until years later." Accordingly, the Court vacated Morgan’s sentence and remanded the matter for resentencing.
Would you like to learn more about how to prepare your loved one for their parole suitability hearing? We can help. Learn about the process and what it takes to obtain a grant of parole from someone who has received one at the first hearing! Email us at firstname.lastname@example.org, or call us at (213) 572-6227 for more information. #BPH #parolesuitability #rehabilitation #insight #remorse #paroleplans #relapsepreventionplans #remorse #responsibility
Posse Solutions LLC Client Reviews
Parole Grant & Release & 5-Star Reviews!
My husband and I would like to thank Posse Solutions for everything you had to offer my husband. Because of all the courses offered, my husband was able to grab a full and complete insight of his character defects that allowed him to really internalize and put into practice true remorse with sincere apology for his actions that lead him into prison. My husband started these courses in December of 2020. He had a parole hearing on December 15, 2022 and was granted parole. This is an amazing program and we couldn’t be more happier with this outcome. Thanks again to the staff of Posse Solutions. We are forever grateful.—Josephine M.
Nick was the best!! He led my son every step on the way on application for commutation with the governor’s office. He answered all his questions and gave me a sense of relief. He was very timely on returning phone calls and made us feel less stress. I would recommend his services to anyone looking for help and support.—Araceli B.
I don't mean to brag but this man Nick Woodall is the best of the best. I would recommend him across the world. We started dealing with him not too long ago and he's done wonders for my brother who has being locked up for 15 years. He is a very very honest man and truly helps you. What he says he's going to do for you he does it all and above. Since he's been working with my brother, my brother's attitude has changed tremendously; he’s always upbeat. You will not regret working with him believe me.—Leticia G.
Nick is the best, been there and done that. He is very experienced in life after prison. I WOULD TOTALLY RECOMMEND HIS SERVICES. Thanks Mucho, I don't need his services but he will be my friend for life.—Gary K.
Thank you Nick! My husband Gary was released this morning after 18 years. This has been a process that is not easy. You helped him through the parole suitability hearing so much. Your knowledge of the system is really more than people have about how it works, what you need to understand and all the steps to get released early. You were always available for our questions and eased our minds from a lot of "hear say". You knew all along what was the right thing.. Nick tells it like it is, he is very straightforward and a very nice man to work with. I honestly do not think he would be out today without your help. Thank you so much, we are grateful.—Angela E.
The programs/classes offered by Posse Solutions are critical to the rehabilitation of inmates. My fiancée and I have learned so much. He has been able to identify his weaknesses and shortcomings. He has come to terms with his criminal behavior and is a changed man. Nick Woodall is an awesome individual. He is always available and willing to assist. Thank you Posse Solutions.—Sharon S.
(Editor’s Note: These reviews were taken from Google Business when searching for Posse Solutions LLC.)