The Court of Appeal agreed with appellant’s argument that trial counsel was ineffective in failing to ask the trial court to exercise its discretion under Senate Bill No. 1393 (2017–2018 Reg. Sess.) to strike or dismiss one or both of appellant’s five-year serious felony enhancements. The court remanded for resentencing.
Name: SB 1393 Discretion to Strike Prior Serious Felony
Case #: A165858
Opinion Date: 01/23/2023
Attorney: C. Matthew Missakian