On December 11th IOA sent surveys in to every detainee in the Durham jail for over 30 days asking them questions about their concerns in the Jail and what they’d like to see IOA do about it.
What are your biggest current concerns regarding the Durham County Jail?
I’m sitting in the jail, haven’t been to court for re-sentencing on DWI. The first sentence was from April 3 2-16-2017. I appealed the case, I was doing my time in Roxboro Jail; I came back to court for the court date, my appeal was denied. The judge released me after my first sentence expired on Apriil 3rd, 2017. I was picked up from home and re-sentenced without a court date or a judge on dec. 1 2017, the original judge D. walker ask for me in court to give the jail credit. But when she seen the paper work she notice that someone had forged her name on the paperwork. This was for the second sentence. And she stated that if she would have re-sentence me I would have been before her again.
So I went to the library and read about my case. The law states that upon re-sentencing, the judge has to look at the aggravating factors and the mitigating factors before a new sentence is impose. So that’s double jeopardy because this sentence is not of a court decision. Dec. 15, the captain came and said I have a court date on Jan 4. The Dec. 1st court date an officer sgt. Tyler informed me of that date. I never seen anything from the courts. And also upon being sentence again you would have to give credit for any days the defendant has served prior to re-sentencing. This court has violated the 5th, 6th and 14th amendments, due process.
We had snow, and the court date was changed to Feb 13 They are saying that this will be my re-sentencing hearing. I was picked up on 4-6-17, 10 month later they want to put me before a judge. My release date is feb 24, 2018 for this sentence. I wonder what’s next.