Abatement (Estrada Rossi) Archives

Categories: Abatement (Estrada Rossi), Sentencing

Summary

Defendant's sentence for possession of crack cocaine for sale is reduced based on the Legislature's January 1, 2015 reduction in penalty for that offense. A jury convicted Keith of possessing cocaine base for sale (Health & Saf. Code, § 11351.5).…

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Name: People v. Lewis

Case #: E055569

Opinion Date: 05/15/2013

Categories: Abatement (Estrada Rossi), Double Punishment (PC 654), Prop 36 - Three Strikes, Sentencing

Summary

The provisions of the Three Strikes Reform Act (Reform Act) are applicable to judgments not final as of its effective date. Appellant was sentenced to consecutive life sentences under the "Strikes" law for possession of a firearm by a convicted…

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Name: People v. Cruz

Case #: F062189

Opinion Date: 07/03/2012

Categories: Abatement (Estrada Rossi), Areas Constitutional Law, Equal Protection, Realignment, Sentencing

Summary

Equal protection does not entitle defendants sentenced before October 1, 2011, but whose convictions were not yet final on appeal by that date, to resentencing under the prospective-only Realignment Legislation, Penal Code section 1170, subdivision (h)(6). A jury convicted Cruz…

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Name: In re Kemp

Case #: C064821

Opinion Date: 01/27/2011

Categories: Abatement (Estrada Rossi), Credits, Legislation, Retroactivity/Abatement, Sentencing

Summary

Equal protection requires that the amendments to Penal Code section 4019 be applied retroactively irrespective of the date a prisoner's judgment becomes final. At issue was whether the 2010 amendments to Penal Code section 4019 should be applied to inmates…

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Name: People v. Bacon

Case #: B214314

Opinion Date: 07/01/2010

Categories: Abatement (Estrada Rossi), Credits, Legislation, Retroactivity/Abatement, Sentencing

Summary

The amendment to Penal Code section 4019 applies retroactively. The court agreed with the majority of published decisions on point, but did not provide its own analysis.

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Name: People v. Eusebio

Case #: B216149

Opinion Date: 06/18/2010

Categories: Abatement (Estrada Rossi), Credits, Legislation, Retroactivity/Abatement, Sentencing

Summary

Amended Penal Code section 4019 is not retroactive. The appellate court upheld the denial of a request for additional credits under revised section 4019. The court agreed with the analysis in People v. Hopkins (2010) 184 Cal.App.4th 615, which found…

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Name: People v. Hopkins

Case #: H033413

Opinion Date: 05/11/2010

Categories: Abatement (Estrada Rossi), Areas Constitutional Law, Constitutional Rights, Credits, Equal Protection, Sentencing

Summary

The trial court should have awarded additional credits under Penal Code section 2900.5.Appellant argued that his continued incarceration after his earliest possible release date was attributable only to the charges in the instant case, so he was entitled to credits…

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Name: People v. Delgado

Case #: B213271

Opinion Date: 04/29/2010

Categories: Abatement (Estrada Rossi), Credits, Crimes, Crimes Against the Person, General Principles, Jury Instructions, Sentencing

Summary

A unanimity jury instruction is not required where the evidence shows the charged offense consists of multiple acts in a continuous course of conduct. Appellant was convicted by a jury of dependant elder abuse, criminal threats, and attempted criminal threats.…

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Name: People v. Norton

Case #: A123659

Opinion Date: 05/05/2010

Categories: Abatement (Estrada Rossi), Credits, Sentencing

Summary

The amendment to Penal Code section 4019 applies retroactively to eligible defendants whose convictions were not final on the date of enactment. In deciding whether amended section 4019 should apply retroactively, the court debated whether the general presumption of prospectivity…

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Name: People v. Pelayo

Case #: A123042

Opinion Date: 05/06/2010

Categories: Abatement (Estrada Rossi), Credits, Sentencing

Summary

The amendment to Penal Code section 4019 applies retroactively. The appellate court granted a petition for rehearing to consider whether the appellant should receive the benefit of the amendment to section 4019. The court found it unnecessary to "attempt any…

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