Retroactivity/Abatement

Name: People v. Jackson (2023) 93 Cal.App.5th 207
Case #: A164649
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/06/2023
  • Categories: AB 1950, Legislation, Probation / Parole / PRCS, Retroactivity/Abatement

Trial court had no jurisdiction to find a violation of probation because, due to Assembly Bill No. 1950’s retroactive change to Penal Code section 1203.1, defendant’s probationary term had expired before the misconduct occurred. In January 2017, defendant entered a plea…

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Name: People v. Ramos (2023) 90 Cal.App.5th 578
Case #: D074429
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/13/2023
  • Categories: Admitting/Excluding, Evidence, Gang Affiliation, Legislation, Retroactivity/Abatement

Evidence Code section 352.2 (added by Assembly Bill No. 2799 and effective 1/1/2023), which creates specific rules that the trial court must follow in deciding whether to admit evidence of “a form of creative expression” in a criminal trial, does…

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Name: In re S.S. (2023) 89 Cal.App.5th 1277
Case #: C097055
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/30/2023
  • Categories: Delinquency (602), Fitness Hearing, Legislation, Retroactivity/Abatement

Minor is entitled to a new transfer/amenability hearing under the current version of Welfare and Institutions Code section 707, which was significantly amended by Assembly Bill No. 2361 (effective 1/1/2023). Following a hearing to transfer S.S. to a court of…

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Name: In re E.P. (2023) 89 Cal.App.5th 409
Case #: B319738
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/17/2023
  • Categories: Delinquency (602), Fitness Hearing, Legislation, Retroactivity/Abatement

Remand for a new fitness hearing was warranted due to significant changes made to Welfare and Institutions Code section 707 by Assembly Bill No. 2361 (effective 1/1/2023). Following a fitness hearing for a delinquency case involving murder and attempted murder…

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Name: Mendoza v. Superior Court (2023) 91 Cal.App.5th 42
Case #: F084354
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/03/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Legislation, Preliminary Hearings, Procedural Requirements, Retroactivity/Abatement, Statutory Construction

Assembly Bill No. 333’s changes to the elements of gang-related charges apply retroactively to preliminary hearing proceedings. Mendoza sought a writ of mandamus after the superior court denied his Penal Code section 995 motion to dismiss a charge for active…

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Name: People v. White
Case #: C095640
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/27/2022
  • Categories: Double Punish. (PC 654/AB 518), Franklin/Cook Hearing, Juvenile Offenders, Legislation, Retroactivity/Abatement, Sentencing

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…

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Name: In re Rodriguez
Case #: D078421
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/22/2021
  • Categories: Extraordinary Remedies, Habeas Corpus (State), Legislation, Limitations on, Retroactivity/Abatement, SB 136 Prior Prison Term, Sentencing

Ameliorative amendments to Penal Code section 667.5 are not retroactive to final judgments even where the defendant is sentenced on a new offense that results in an aggregate sentence that includes the prior judgment. Defendant was sentenced in Case A…

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Name: People v. Schultz
Case #: F080978
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/20/2021
  • Categories: Legislation, Probation, Probation / Parole / PRCS, Retroactivity/Abatement

Assembly Bill No. 1950 applies retroactively to reduce the maximum term of probation in cases not yet final, unless the defendant's conviction comes within an exception set forth in Penal Code section 1203.1. Schultz entered a plea to driving under…

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Name: People v. Pinedo
Case #: F078442
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/15/2021
  • Categories: Legislation, Penalties/Registration, Retroactivity/Abatement, Sentencing

Although registration is not a criminal punishment, the repeal of the drug offender registration requirement (Assembly Bill No. 1261) is retroactive to all nonfinal cases pursuant to In re Estrada (1965) 63 Cal.2d 740, because registration burdens a defendant as…

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Name: People v. Ruggerio
Case #: B305655
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/25/2021
  • Categories: Legislation, Plea Bargaining, Pleas, Probation, Probation / Parole / PRCS, Retroactivity/Abatement, SB 136 Prior Prison Term, Sentencing

Where defendant was placed on probation and execution of the imposed state prison sentence was suspended, defendant was entitled to retroactive application of the ameliorative provisions of Senate Bill No. 136, but remand for reconsideration of the plea agreement was…

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