Criminal convicts who receive an inappropriate sentence may have the chance to have it reduced, or even possibly increased, if they are resentenced.How do convicted criminals like Padilla get resentenced?Often when a convict is up for resentencing, it is because an appellate court has found something wrong with the way the trial court initially sentenced the convict. Kennard hasn’t received a prison disciplinary in 14 years and hasn’t had a behavior citation in 11 years. She was the first of the defendants to be sentenced. “But let me be clear, this is not about $50,” Assistant District Attorney Lane Tolbert said in court.In 2013, the state created the Alabama Sentencing Commission and adopted sentence guidelines. Time that defendants spend in jail before they are convicted (called pretrial detention) may be credited toward the total length of the sentence.This is called time served. Following a hearing Wednesday, Jefferson County Bessemer Cutoff Circuit Judge David Carpenter resentenced Kennard to time served, and ordered the man’s release from prison. A federal judge in Miami resentenced terrorism convict Jose Padilla on Tuesday, increasing his original 17-year prison sentence to 21 years. He's already served nine years in prison. Derek Harris, who was arrested in 2008 in Louisiana for selling an officer .69 grams of marijuana, was recently resentenced to time served. All rights reserved. Kennard … If your participation ends in a conviction or prosecutors assert you provided "substantial assistance," then you may be entitled to a resentencing hearing.Whether granted by appeal or cooperation, resentencing involves a judge considering Block on Trump's Asylum Ban Upheld by Supreme CourtPoliticians Can't Block Voters on Facebook, Court RulesBegin typing to search, use arrow keys to navigate, use enter to select Kennard also has a good reputation among the correctional officers at Donaldson, the defense’s motion said.While the motion asking for a new sentence requested a sentence of life in prison with the possibility of parole, Crowder said in court Kennard has “truly been rehabilitated” and asked for his release with a sentence of time served. Man gets time served after 36 years in prison for Bessemer bakery robbery Alvin Kennard was sentenced to … No information was provided by Kennard’s attorney as to how long that process could take.According to motions filed by Kennard’s attorney Carla Crowder of the Alabama Appleseed Center, Kennard currently resides in the faith dorm at Donaldson Correctional Facility and has shown “exemplary behavior” during his time in prison. Criminal convicts who receive an inappropriate sentence may have the chance to have it reduced, or even possibly increased, if they are resentenced. I was wrong," he said. He pleaded guilty to three counts of second-degree burglary for that crime in 1979, and was given a suspended sentence of three years on probation.Those prior crimes, which were not Class A felonies, led to his sentence under the Habitual Felony Offender Act in 1984.Following a hearing Wednesday, Jefferson County Bessemer Cutoff Circuit Judge David Carpenter resentenced Kennard to time served, and ordered the man’s release from prison.Kennard has served 36 years in prison for his crime.Before being resentenced, Kennard thanked the judge. Kennard added that if released, he would live with family in Bessemer and work in carpentry.Prosecutors from the Jefferson County Bessemer Cutoff District Attorney’s Office did not oppose Kennard’s change in sentence. All rights reserved ( If Kennard had committed first-degree robbery and was sentenced today, he would have been eligible for a minimum sentence of 10 years and a maximum of life with the possibility of parole.Kennard did not walk out of court a free man, and will have to be processed out by the Alabama Department of Corrections. She was only disciplined once, when prison guards found her with an extra blanket on her bed in April 2011.Last year, the Alabama legislature changed the sentencing law, removing the mandatory life without parole sentence for drug crimes of a certain weight. In December, her attorneys filed another appeal.Court records show Cooley was also housed in the faith form at Julia Tutwiler Prison, where she has been sober for 16 years and has participated in many programs.
SUNBURY, Pa. -- A man who was sent to prison for murder as a teenager has been resentenced to time served. In criminal law, "time served" describes a sentence where the defendant is credited immediately after the guilty verdict with the time spent in remand awaiting trial.The time is usually subtracted from the sentence, with only the balance being served after the verdict. Cooley testified during a hearing earlier this year that she had the small bag of drugs for less than five minutes before she was arrested.She was sentenced to the mandatory, life without the possibility of parole, and the state appeals courts confirmed her conviction a year later. Kennard’s sentence reduction comes after another Alabama inmate, Geneva Cooley, was released from prison after having her sentence of life without parole changed to life with the possibility of parole.Cooley was the only woman in Alabama serving such a sentence for drug crimes.Cooley, 71, was convicted of drug trafficking in 2006. Alvin Kennard before his hearing Wednesday, where a judge ordered he had served his time and should be released from prison (Ivana Hrynkiw | ihrynkiw@al.com)A man who spent over three decades in prison for a stealing $50 from a Bessemer bakery had his sentence cut short after a hearing on Wednesday.Alvin Kennard, now 58, was convicted of first-degree robbery for the January 24, 1983 robbery of Highlands Bakery. When he was 18, Kennard had been charged with burglary, grand larceny, and receiving stolen property in connection with a break-in at an unoccupied service station. Henderson was resentenced May 28 to time served. The remaining six are scheduled to appear in the Brunswick court, June 29 and 30.
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