Sentencing

Does the amendment to Penal Code section 1385, subdivision (c) that requires trial courts to “afford great weight” to enumerated mitigating circumstances (Stats. 2021, ch. 721) create a rebuttable presumption in favor of dismissing an enhancement unless the trial court finds dismissal would endanger public safety? Held: Under the plain language of PC 1385(c)(2), absent a finding that dismissal would…

Does Senate Bill No. 483 (Stats. 2021, ch. 728) entitle a defendant to a full resentencing hearing under Penal Code section 1172.75 if the defendant’s prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) were imposed and stayed, rather than imposed and executed? Held: PC 1172.75 entitles defendants to full resentencing when their judgments include a prior prison term…

Do the revised penalty provisions of the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.12) apply when a defendant is resentenced pursuant to Senate Bill No. 483 (Pen. Code, § 1172.75)? The Court requested supplemental briefing on whether defendants qualify as “presently serving an indeterminate term” under Penal Code section 1170.126 if they were serving such a term…

Did the Court of Appeal err in remanding the case with directions to reinstate the strike finding and to resentence defendant as a person who has suffered a prior strike conviction under the Three Strikes Law? (See People v. Williams (1998) 17 Cal.4th 148, 164, fn. 7; see also People v. McGlothin (1998) 67 Cal.App.4th 468, 478; People v. Humphrey…

When a defendant is sentenced to concurrent terms on multiple cases jointly resolved at a single hearing, does Penal Code section 2900.5, subdivision (b) entitle the defendant to duplicative presentence custody credits for time spent in custody on one or more of the cases, but not others? Held:  "[C]ustody credit is not automatically applied across multiple, distinct prosecutions merely because…

When a defendant obtains resentencing of a conviction under Penal Code section 1172.6, subdivision (e), is the trial court permitted to impose not only the target offense or underlying felony, but also corresponding enhancements? Held: Under Penal Code section 1172.6, trial courts may not impose uncharged and unproven allegations or enhancements as part of resentencing a successful petitioner. Arellano, charged…

Is a defendant entitled to resentencing under Penal Code section 1172.75 when the judgment in the defendant’s criminal case includes a prior prison term enhancement that was imposed but for which punishment was stricken? Held:  "We held in People v. Rhodius (2025) 17 Cal.5th 1050 (Rhodius) that such an enhancement was 'imposed' even though the enhancement was stayed rather than…

Do the limitations of People v. Gallardo (2017) 4 Cal.5th 120 on judicial fact-finding concerning the basis for a prior conviction apply retroactively to final judgments? (Compare In re Milton (2019) 42 Cal.App.5th 977 with In re Brown (Feb. 25, 2020, E071401) 45 Cal.App.5th 699.) A request for an order directing depublication of the opinion was denied. Held: In 1987, petitioner William Milton was convicted of…

Did the Court of Appeal err by finding the record clearly indicates the trial court would not have imposed a low term sentence if it had been fully aware of its discretion under newly-added subdivision (b)(6) of Penal Code section 1170? (See People v. Gutierrez (2014) 58 Cal.4th 1354, 1391.) Remand was required where the sentencing court did not clearly indicate…

Did the trial court exceed its jurisdiction by setting the amount of victim restitution after terminating defendant's probation pursuant to Assembly Bill No. 1950 (Stats. 2020, ch. 328)? Held:  Where the trial court orders defendant to pay victim restitution in an amount to be determined (PC 1202.4(f)), the court retains jurisdiction to order the specific amount of restitution after probation…

Does the trial court have discretion to strike a firearm enhancement imposed pursuant to Penal Code section 12022.53 and instead impose a lesser uncharged firearm enhancement pursuant to a different statute (Pen. Code, § 12022.5)? Held: Penal Code section 12022.53 establishes a tiered system of sentencing enhancements for specified felonies involving the use of firearms. (All statutory references are to…

Does Penal Code section 667.6, subdivision (d), which requires that a "full, separate, and consecutive term" must be imposed for certain offenses if the sentencing court finds that the crimes "involve[d] the same victim on separate occasions," comply with the Sixth Amendment to the U.S. Constitution? Held: Penal Code section 667.6, subdivision (d) requires a sentencing court to impose “full,…

Does a jury's true finding on a gang-murder special circumstance (Pen. Code, § 190.2, subd. (a)(22)) preclude a defendant from making a prima facie showing of eligibility for resentencing under Penal Code section 1170.95? In Penal Code section 1172.6 proceedings, a prior jury finding of intent to kill does not conclusively establish that the petitioner is ineligible for relief at…

(1) Did the Court of Appeal err by disagreeing with People v. Jimenez (2019) 35 Cal.App.5th 373 and endorsing as mandatory the sentencing practice prohibited in that case; (2) Is the Court of Appeal's decision incorrect under People v. Mancebo (2002) 27 Cal.4th 735; (3) Did the Court of Appeal err by failing to address petitioner's claims as to the issues of waiver…

What is the latest point at which a defendant may request mental health diversion under Penal Code section 1001.36? A request for pretrial diversion (Pen. Code, § 1001.36) must be made before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. In 2018, defendant was charged with resisting an executive officer with…

Did the sentencing court err by finding petitioner's conviction for battery with serious bodily injury was a serious felony (Pen. Code, §§ 667, subd. (a)(1), 1192.7, subd. (c)(8)), despite the jury's failure to reach a verdict on the allegation that petitioner personally inflicted great bodily injury in committing that offense? (See Apprendi v. New Jersey (2000) 530 U.S. 466; Blakely v. Washington (2004) 542…

(1) Must a court consider a defendant's ability to pay before imposing or executing fines, fees, and assessments? (2) If so, which party bears the burden of proof regarding the defendant's inability to pay? Held:  Constitutional due process does not require an ability to pay hearing prior to imposing any punitive “fine.” Instead, constitutional challenges to criminal fine amounts, such…

Does the Three Strikes law (Pen. Code, §§ 667, subd. (c)(6) & (7), 1170.12, subd. (a)(6) & (7)) require consecutive terms on multiple current violent or serious felony convictions, regardless of whether the offenses occurred on the same occasion or arose from the same set of operative facts? Held: "This case considers if and when a court may impose concurrent sentences…

Does a felony-murder special circumstance finding (Pen. Code, § 190.2, subd. (a)(17)) made before People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522 preclude a defendant from making a prima facie showing of eligibility for relief under Penal Code section 1170.95? Held: A pre-Banks/Clark felony-murder special-circumstance finding does not preclude a defendant from establishing a prima facie case for…