Sentence Enhancements

[JustLilOlMe1012]

Does anyone know if any recent changes to sentencing enhancements in CA that would be retroactive? Probably surrounding prison priors/gang enhancements? (I think that's what he's carrying)
Thanks

[gvalliant]

Originally Posted by JustLilOlMe1012

Does anyone know if any recent changes to sentencing enhancements in CA that would be retroactive? Probably surrounding prison priors/gang enhancements? (I think that's what he's carrying)
Thanks

It's a little complicated. Enhancements like gun, priors can be retroactive. You have to get back to court for a resentencing and then judges can exercise their discretion to strike an enhancement that they could not dismiss when sentenced.

But changes like this in sentencing law by themselves are not enough to get back in court. Some other law - like PC 1170(d)(1) - that allows CDCR or DA to recall a sentence - must be used to get you back to court. Once in court the judge might be persuaded to exercise discretion on the specific changed enhancement law.

There are other threads on resentencing in the California forum that you can research.