1 [number 1 is circled]
14.Oct.2021

[Redacted]
% Tyler Walton.
Thank you for contacting me and sending me the
Legal Research and Legal Writing module . you asked if
I would like to be on the JLI panel of Jailhouse lawyers,
I would be honored to , Thank you. Please let me know
What you need me to do,or to submit .
You asked for my feed back on the Legal Research
and Legal writing module. It is very well written and is
a very good template on how to start your Research. This
is especially helpful to those that are starting their Jailhouse Lawyer
Journey. This is even very good for advanced Jailhouse Lawyers.
This is an excellent crash course on sources of Law and the
Legal structure . I would not make any changes , except for
adding in a page dedicated on how to use LexisNexis. Almost all
Prison law libraries have LexisNexis which is a major tool to
research case law, and even for tracking Bills. Make it a
easy format, example:
How To Use LexisNexis
Step 1: Turn on computer, Log in, click on the LexisNexis Square
["LexisNexis Square" is underlined.]
Step 2: When the LexisNexis screen is opened, click the button that
Says Get a Document ["Get a Document" is underlined]
Stap 3: You will then see a screen that says document Retrieval
["document retrieval" is underlined] and under that will be
a writing bar with blue letters that says Citation Formats
["Citation Formats" is underlined.] Click on it and wait for it to load.

2 [number two is circled]

benificial to any jailhouse Lawyer.)
This is just a suggestion that could help many .
Next you asked if there is anything else that can help that is
specific - maybe a toolkit or module could be created on
Appeal and Collateral Attack. It could cover topics of how
Such AS:
A. The right to a defense appeal
B. The final Judgement Rule
C. Prosecution Appeals
D. The Scope of Appellate Review
E. Harmless Error
1. Non-Constitutional Errors
2. Constitutional Errors
F. Federal Habeas Corpus
1. Custody
2. Exhaustion of State Remedies
3. Cognizable Claims
a, Federal Questions
b. Fourth Amendment Claims
C. Novel Constitutional Doctrines
4. Procedural Foreclosure
a. Procedural Default
b. Exception to Procedural Default - Cause and Predjudice
C. Exception to Procedural Default - Actual Innocence
D. Successive Petitions
5. That States & foto Fact Finding

3 [number three is circled]

This to would greatly help many Jailhouse Lawyers.
Well I thank you for your time, and I look forward
to your response. Also, just to let you all know I
wrote up a petition for recall of Sentence Amend.
[Redacted] I just challenged
the enhancement not the valididity of the plea , I
also applied [Redacted] - I am proud to say that
[Redacted] was granted the relief under
[Redacted], and is now home.
if you would like a copy of it for your data base
I will send you a copy - Thank you for all you
do to help us - Take Care

Respectfully
[redacted] Guy Delgado
[signature]

24-April-2023

ATTN JLI Staff,

Hello again , I hope you are all doing
well in these crazy times. I'm writing to
thank you for all the modules you send
to me, and to others. I'm passionate about
helping others, and am advocating with Initiate
Justice to help get bills passed in california
like ACA.4, and AB 1310, and SB 474.
Being a former Combat veteran, I
am always helping my former brothers
in arms. I've included a petition for
recall of sentence that I typed up in
our computer lab. If you can use it
to help other veterans in California,
please do. If you can't that is ok too.
What matters is all the help and Support
you do for us. I've also included
my filled authorization form for the
flashlight program. I would like to contribute
any way I can. Again I thank all
of you for all the hard work you do,
and for the Compassion you show us.
Thank you for your time and take care.

{Included:
1 - Recall template
1- Flashlight form}

Respectfully
[redacted] Guy Delgado
[signature]


[Petitioner's name][CDCR#]
[Address]
[City, State, Zip-Code]
In Pro Per

In re
[PETITIONER'S NAME]

PETITIONER,

ON RECALL OF SENTENCE
[this section is semi boxed in]


SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF [COUNTY NAME]
PETITIONER FOR RECALL OF SENTENCE IN
[NAME OF COUNTY] UNDER PENAL CODE
1170.91
SUPERIOR COURT NO. [CASE NO.]


INTRODUCTION

Senate Bill 1209 amended Penal Code 1170.91 and expanded relief to those previously excluded.
Previously, 1170.91 only granted relief to those sentenced prior to January 1, 2015, and limited the Courts to consider sexual trauma, injury, substance abuse, or mental health problems due to other causes as mitigating circumstances when imposing a term under subdivision (b) of Section 1170(b) Amendments to Penal Code
1170.91 not only eradicates the prior sentencing date limitations, but also extends relief to felonies beyond
those under subdivision (b) of Section 1170.

Argument

I.

PENAL CODE SECTION 1170.91 REQUIRES COURTS TO CONSIDER SEXUAL TRAUMA,
TRAUMATIC BRAIN INJURY, POST-TRAUMATIC STRESS DISORDER, SUBSTANCE ABUSE, OR
MENTAL HEALTH PROBLEMS AS A RESULT OF HIS OR HER MILITARY SERVICE.

Section 1170.91 of the Penal Code is amended to read:

1170.91.

(a) If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States Military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder,
substance abuse, or mental health problems as a result of the defendant's military service, the court shall consider the circumstances as a factor in mitigation when imposing a sentence. This consideration does not preclude the
court from considering similar trauma, injury, substance abuse, or mental health problems due to other causes, as evidence or factors in mitigation.

(b)(1) A person currently serving a sentence for a felony conviction, whether by trial or plea, who is, or was, a member of the United States military and who may be suffering from sexual trauma, traumatic brain injury, post- traumatic stress disorder, substances abuse, or mental health problems as a result of the person's military service may petition for a recall of sentence, before the trial court that entered the judgment of conviction in the case,to request resentencing if the circumstances of suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substances abuse, or mental health problems, as a result of the person's military service was not considered as a factor in mitigation at the time of sentencing.

(2) If the court that originally sentenced the person is not available, the presiding Judge shall designate another Judge to rule on the petition.

(3) Upon receiving a petition under this subdivision, the court shall determine, at a public hearing held after not less than 15 days' notice to the prosecution, the defense, and any victim of the offense, whether the person satisfies the criteria in this subdivision. At a hearing, the prosecution shall have an opportunity to be heard on the petitioners' eligibility and sustainability for resentencing. If the person satisfies the criteria, the court may, in its discretion, resentence the person following a resentencing hearing in either of the following manners:

(A) By modifying the defendant's sentence to reduce the term of imprisonment.

(B) By vacating the conviction and imposing judgment on any necessary included lesser related offenses,
whether or not those offenses were charged in the original pleading, and then resentencing the defendant to a reduced term of imprisonment with the concurrence of both the defendant and the prosecutor (Penal Code 1170.91).

Since Penal Code 1170.91(b)(3)(A) states that the court may alter a sentence by "modifying the defendant's sentence to reduce the term of imprisonment," the Court may, at its discretion, change the make-up of a defendant's sentence, whether it's a determinate sentence, Life sentence, and/or an enhancement. The Court is no longer limited by Penal Code 1170(b), as the mention of this Penal Code has been erased from 1170.91.

Penal Code 1170.91(b)(3)(B) also extends relief to defendant's who took a plea deal from prosecutors, as it gives the Court the power to resenten[ce] the defendant to a reduced term of imprisonment with the
concurrence of both the defendant and the prosecutor.

In the case at hand, defendant [Your Name] served in the United States [Service] for [# of years]. Defendant was convicted of the following offenses:

1.
2.
3.
4.
5.

Defendant was sentenced to [# number of] years. Here, defendant is suffering from [sexual trauma, traumatic
brain injury, post-traumatic stress disorder, substances abuse, and/or mental health problems, as a result of the person's military service. Defendant has attached [VA or Mental Health] records in proof that he suffers from
the aforementioned conditions, and those conditions should be considered as a mitigating circumstances at a resentencing hearing.


II.

CONCLUSION

Defendant [Your Name] respectfully requests that the case be remanded for resentencing for the trial Court to make a finding as to whether defendant's [sexual trauma, Traumatic Brain Injury, Post-Traumatic Stress, substance abuse, and/o; mental health problems] stems from their military service, and if it finds that it was, then to consider the evidence as a mitigating factor as a reason to modify the defendants sentence to reduce the term of imprisonment.

Date:


Respectfully Submitted,
[signature line]

Defendant
IN FORMA PAUPERIS