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Retroactive Application of SB 567 to Stipulated Plea Agreements

Does Senate Bill No. 567 (Stats. 2021, ch. 731), which limits a trial court’s discretion to impose upper term sentences, apply retroactively to defendants sentenced pursuant to stipulated plea agreements? Review on this issue has also been granted with briefing deferred in: Second District People v. Sovalbarro (B317652) [nonpub. opn.], review granted 12/28/2022 (S277121) People v. Caro (B315233) [nonpub. opn.],…

Case: People v. Mitchell (2022) 83 Cal.App.5th 1051, review granted 12/14/2022
Case Number: S277314/A163476
Updated: May 15, 2024
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Did Defendant Meaningfully Understood the Immigration Consequences of Her Plea

Does the totality of the circumstances establish that defendant meaningfully understood the immigration consequences of her plea? Review on this issue has also been granted with briefing deferred in: Second District People v. Chweya (B301780) [nonpub. opn.], review granted 1/31/2024 (S282832) People v. Taghilou (B324856) [nonpub. opn.], review granted 2/21/2024 (S283275) Fifth District People v. Ojeda (F084804) [nonpub. opn.], review…

Case: In re Hernandez (F076752) [nonpub. opn.], review granted 12/20/2023
Case Number: S282186/F076752
Updated: February 21, 2024
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Prosecution’s Ability to Rescind Plea Agreement at SB 483 Resentencing When Defendant’s Sentence is Reduced Beyond Eliminating Prison Priors

Is the prosecution entitled to rescind a plea agreement when a defendant receives a full resentencing pursuant to Senate Bill No. 483 (Stats. 2021, ch. 728) and the trial court intends to reduce the sentence beyond eliminating the prior prison term enhancements (Pen. Code, § 667.5, subd. (b))?

Case: People v. Montgomery (2024) 100 Cal.App.5th 768, review granted 5/29/2024
Case Number: S284662/A167813
Updated: May 29, 2024
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