The Guam Daily Post

12 23Wed12022015


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Inmate complains miscalculated sentencing

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AN INMATE at the Department of Corrections, who filed a petition for writ of habeas corpus after an alleged mistake in the duration of his sentence, has been assigned a lawyer to represent him as ordered by Presiding Judge Alberto Lamorena III.

Joshua Brandon Perez filed a petition on Nov. 14, 2012 and appeared before the court “pro se” or without counsel. He filed a motion for appointment of counsel on Dec. 17, 2012, but the government opposed the motion, saying the petitioner failed to meet his burden for such a motion.

The petitioner alleged there has been a miscalculation in his sentencing and attached his plea agreement to his petition. The plea agreement calls for credit for time served.

In his memorandum in support of the petition, Perez claims the starting point for the calculation of his time served was supposed to be Nov. 21, 2008 when he was first incarcerated. Instead, he said the Department of Corrections used June 22, 2011 for the calculation time, a disparity of more than two years.

Judge Lamorena, in a decision, found good cause to appoint a lawyer for Perez and has appointed Attorney Slyvia Stake to represent the petitioner.

A scheduling conference for the case is set for July 1 at 2 p.m.

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