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Name: In re A.M.
Case #: B329999
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/31/2024

The Court of Appeal holds that when a minor was sentenced as an adult prior to the passage of Prop 57 and the sentence is later vacated on habeas corpus, the judgment becomes nonfinal and the defendant is entitled to retroactive application of ameliorative laws, including SB 1391 and AB 333. The minor’s case only becomes final when the criminal proceeding as a whole has ended and the courts can no longer provide a remedy on direct review. Where AB 333's amendments to PC 186.22's gang-murder special circumstance provisions apply retroactively, Chapman harmless error review is appropriate.

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Name: People v. White
Case #: C095640
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/27/2022

A Franklin hearing does not reopen a final judgment or sentencing; it is an “evidence preservation process” to gather data for future determination of parole. In 2006, White was convicted of second degree murder and other offenses based on an accident he caused driving while intoxicated. He requested and received a Franklin hearing (People v. Franklin (2016) 63 Cal.4th 261) to place on the record mitigating factors in anticipation of a youthful parole hearing. (See Pen. Code, § 3051.) On appeal, he argued the Franklin hearing reopened his case, which would allow application of Assembly Bill No. 518. Held: Affirmed.…

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Name: People v. Superior Court (O.G.)
Case #: S259011
Court: CA Supreme Court
District CalSup
Opinion Date: 02/25/2021

Opinion By: Justice Groban (unanimous decision)
Senate Bill No. 1391, which eliminated the ability to prosecute juveniles accused of committing crimes when they were 14 or 15 years old in adult criminal court (subject to a limited exception), is a valid amendment of Proposition 57. Days after the passage of SB 1391, the Ventura County District Attorney's Office filed a petition in juvenile court alleging that the minor O.G. committed two counts of murder and other offenses when he was 15 years old. They simultaneously filed a transfer motion to adult court. The juvenile court found SB 1391, which…

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