Skip to content
Name: In re Edwards
Case #: B288086
District 2 DCA
Division: 5
Opinion Date: 09/07/2018

CDCR's regulations excluding nonviolent offenders serving a life sentence from early parole consideration under Proposition 57 are inconsistent with the voters' intentions and therefore must be repealed. In 1998, Edwards was convicted of nonviolent felonies and sentenced to 53 years to life under the Three Strikes law. After the enactment of Proposition 57 in 2016, Edwards filed a habeas petition challenging regulations that CDCR promulgated, initially on an emergency basis, that made him ineligible for early parole consideration under Proposition 57 even though he was convicted of nonviolent felonies. Held: Petition granted. Proposition 57 added a provision to the California…

View Full Summary
Name: People v. Dynes
Case #: F075158
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/15/2018

A denial of an ex-parte request for resentencing, modification, and reclassification under the parole provisions of Proposition 57 is not an appealable order. In 2014, defendant was sentenced to prison for an aggregate second strike term of eight years four months based on a number of offenses and enhancements. In November 2016, voters passed Proposition 57, adding section 32 to article I of the California Constitution. Section 32 provides, in part, that any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for…

View Full Summary