Friday, July 23, 2010

Herzog to Remain in Custody After Court Confirms Error in their Sentencing Credits


SACRAMENTO - The San Joaquin County Superior Court this afternoon informed the California Department of Corrections and Rehabilitation (CDCR) that they are correcting the credits calculation for Loren Herzog, who will remain in the department’s custody for at least the next several weeks.

The San Joaquin County Superior Court confirmed their error and ordered the department to retain Herzog. Once the corrected order from the court is received, CDCR case records analysts will recalculate a final release date.

During the next several weeks, CDCR will continue to work with San Joaquin County officials on Herzog’s correct parole date.

California law mandates that inmates be released to parole after completion of their sentence. Herzog, who is serving a determinate sentence, will be released to parole after serving all the time he is statutorily required to serve. California Law does not allow CDCR any authority to change or challenge a release on a determinate sentence.

Inmate History

In December 2001, Herzog was convicted in Santa Clara County, a change of venue from San Joaquin County, and sentenced to 78-years-to-life (three consecutive 25-to-life terms plus three years for being an accessory to a felony). In 2004, a state appellate court threw out the three murder convictions and much of the evidence against Herzog. It led to a plea bargain and Herzog pleaded guilty to voluntary manslaughter. On Dec. 8, 2004, he began serving a 14-year determinate sentence for voluntary manslaughter, three counts of being an accessory to a felony, and one count for transportation of a controlled substance. Time credit was applied for time served in county jail and state prison.


Contact:
Gordon Hinkle or Luis Patino
(916) 445-4950

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