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  #26  
Old 09-30-2017, 01:53 PM
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My computer is being wonky and I can't open multiple tabs so I may have to update this later. We have a thread on this bill, but I'm not able to locate (stupid comp...grrr). Will merge when I can.

My understanding is that the bill is intended to remove the requirement that a judge enforcement gun enhancements going forward. That means they can use it, but it's at their discretion.

For people already serving a gun enhancement, you would need to be resentenced in order for this to apply. That means re-opening your case with substantial evidence that would give a judge the incentive to remove the enhancement.

I imagine PLO will have a publication available with helpful information as soon as it's finalized. I will keep my eyes open.

Here is the bill progress regarding votes and noting that it went to the gov's desk.

edit: merged
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  #27  
Old 09-30-2017, 10:01 PM
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Thank you and please update us when you can. I was just wondering today whether I will need to see a lawyer if the Gov signs. However, I did write Gov Brown and encourage others to write him, too, regarding this bill.


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Originally Posted by miamac View Post
My computer is being wonky and I can't open multiple tabs so I may have to update this later. We have a thread on this bill, but I'm not able to locate (stupid comp...grrr). Will merge when I can.

My understanding is that the bill is intended to remove the requirement that a judge enforcement gun enhancements going forward. That means they can use it, but it's at their discretion.

For people already serving a gun enhancement, you would need to be resentenced in order for this to apply. That means re-opening your case with substantial evidence that would give a judge the incentive to remove the enhancement.

I imagine PLO will have a publication available with helpful information as soon as it's finalized. I will keep my eyes open.

Here is the bill progress regarding votes and noting that it went to the gov's desk.

edit: merged
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  #28  
Old 09-30-2017, 10:31 PM
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I haven't found anything more up to date regarding retro-activity, but here is a concise description of the bill's intent:

"SB 620 affects the “Use a Gun and You’re Done Law” by allowing a court to apply the longer sentences on a case-by-case basis. The enhancements would remain in place.

Studies of these enhancements show that increasing an already long sentence does not deter crime. According to Bradford SB 620 does not get into that debate because it does not eliminate the enhancements. Nor does it suggest a judge should disregard enhancements. Judges should consider the circumstances of the crime and the history of the perpetrator and deal with the individual appropriately. This moves the decision about sentencing from one that is rigid and without meaningful consideration to one that is specific to the circumstances of the case."
source
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  #29  
Old 10-02-2017, 09:20 PM
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Unhappy gun enhancement form and sentence reduction

does anyone happen to know how i can obtain a copy of those forms>?
the gun enhancement reduction and sentence reduction and what the number on the form is. please and thank you!
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Old 10-02-2017, 09:28 PM
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Originally Posted by Angybby View Post
does anyone happen to know how i can obtain a copy of those forms>?

the gun enhancement reduction and sentence reduction and what the number on the form is. please and thank you!


Sentence Reduction is at the discretion of the sentencing judge. I don’t believe there is a formal form for it. Unless you are talking about sentence reduction for a theft or drug charge as allowed in certain circumstances under Penal Code 1170.18.

There is no such thing as a gun enhancement reduction. This is a sentencing decision at the discretion of the judge (can be recommended by the DA at sentencing.)

Because a gun enhancement, to the best of my knowledge, makes a felony qualify as violent under Penal code 667.5(c), it is unlikely that a judge will reduce a sentence that involves a gun enhancement.

If the concern is a wrongful conviction at trial then you need to speak to an appellate attorney, or he needs to file an appeal and have one appointed. DO NOT attempt to file an appeal yourself.
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  #31  
Old 10-02-2017, 11:06 PM
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Originally Posted by Angybby View Post
does anyone happen to know how i can obtain a copy of those forms>?
the gun enhancement reduction and sentence reduction and what the number on the form is. please and thank you!
I've merged your thread with the existing SB 620 thread.

This not a case of applying for reduction via a form. This is, when it leaves the governor's desk, an opportunity for judges to use greater discretion in sentencing involving a firearm. The potential for retroactive resentencing is murky, at best. We don't know that previously sentenced inmates will benefit greatly from this change. If they do, it will be a process of taking your charges back to court and arguing that the enhancement is excessive and without furtherance of justice. That's a very steep hill to climb.

The rumor mill around 620 is already whipped up and running. This is the third bit I've read on it today. A gentle reminder to our loved ones and to those outside assisting them that when documentation (for example a guide from PLO) is available, we will post and we implore that you send a copy to those inside to share. Accurate information is helpful information.
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  #32  
Old 10-03-2017, 09:38 AM
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Originally Posted by miamac View Post
The rumor mill around 620 is already whipped up and running........Accurate information is helpful information.
And innacurate information is damaging information. SB620 is not law. Yet. It has passed Senate and Assembly and is on the Governors desk. He can sign, not sign, or veto. He has till about the middle of this month to do one of those 3 things. If he vetoes there is nothing more to discuss or think about. If he signs - or does not sign - it will become law. The law will become effective Jan 1 so nothing can happen till then.

It eliminates nothing. It reduces nothing. It provides a judge discretion to waive or dismiss the gun enhancement at sentencing. Judges have never been able to do that before. Judges have had that discretion with other enhancements so this brings all gun enhancements in line with many others. The judge can do it in "the interest of justice" so there has to be a reason that the judge can justify. I'm guessing this will be rare because it exposes the judge to consequences if he does not have powerful justification. Think the Brock Turner Stanford rape case and what is happening with that judge.

It is primarily to the benefit of new cases. It is not retroactive. Except that it can be applied in a resentencing. The wording of the bill makes it clear you cannot get a new hearing based on just the fact you received this sentence, even if the judge "did not want to impose the enhancement". Senator Bradford (author) and Assemblymember Weber (proponent) made that clear in their Senate and Assembly testimony. You must find something else wrong with the case or sentencing to get back into court.

Dee and Mia are warning about re-opening a case. And making sure you get a lawyer if you are thinking about this. There is nothing in the bill that says the judge will strike the enhancement nor is there anything in the bill that says the judge can't increase the sentence. I'm betting you could face a pissed off DA and victims and who knows what else.

Door number 1 - Judge strikes the enhancement. Congratulations. Big benefit.

Door number 2 - Judge does not strike. Nothing lost.

Door number 3 - Judge does not strike the enhancement. Increases term of initial sentences. Maybe they were minimums and now imposes mid-term or maximum. Or maybe it was a plea and DA takes away plea and adds back all those dropped charges that get added to the sentence. Thank you for playing "Dismiss or Consequences"!

I strongly agree with the advise already given about waiting for more analysis by a group like PLO so we have reliable, accurate information and with the advise re getting a lawyer to help if you choose to pursue this.
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  #33  
Old 10-07-2017, 08:17 PM
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When i spoke to the ombudsman for my husbands institution she told me that when it is signed and the inmate goes for his yearly they have to recalculate the time. Anyone else hear of this?
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  #34  
Old 10-07-2017, 08:32 PM
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When i spoke to the ombudsman for my husbands institution she told me that when it is signed and the inmate goes for his yearly they have to recalculate the time. Anyone else hear of this?
No, that's highly inaccurate and really irresponsible of them to say given that law interpretation isn't in their job description. I'm sorry you were told that. :/

The text of the bill can be read here, but in short:

"This bill would delete the prohibition on striking an allegation or finding and, instead, would allow a court, in the interest of justice and at the time of sentencing or resentencing, to strike or dismiss an enhancement otherwise required to be imposed by the above provisions of law."


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  #35  
Old 10-08-2017, 05:11 PM
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There is nothing in this bill even close to that. This is someone that should really not be given out such false information. Please do us all a favor and email this person The bill as it is written. Damn shame someone in a position like that to be saying such garbage.
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  #36  
Old 10-11-2017, 07:34 PM
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Brown signed SB620 today and it is active.

You can find the the full text of the bill here.
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  #37  
Old 10-16-2017, 08:28 PM
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Default Prop 64 to resentencing gun enhancement

So prop 64 is retroactive and allows petition of the court to resentence a felony to a misdemeanor. At the same time anyone know if possible to ask for resentencing on gun enhancement ? Seems like the exact scenario and why they include resentencing in the text of the bill
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Old 10-16-2017, 11:07 PM
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So prop 64 is retroactive and allows petition of the court to resentence a felony to a misdemeanor. At the same time anyone know if possible to ask for resentencing on gun enhancement ? Seems like the exact scenario and why they include resentencing in the text of the bill



Prop. 64 list which felonies may be reduced to a misdemeanor Prop.64 does not apply to all felony sentencing, only those that were changed by Prop 64. Plus Prop. 64 was retroactive. I do not see any where in this new law where that is written about being retroactive
You need a different challenge to your sentence then just the gun enhancement. If you can get back into court under some kind of other sentencing error, or trial error. Where new sentencing will apply this new law may play in to the new sentencing. Just to petition the court under inappropriate sentencing do to changes in the law will get you no where. Key factor in this new law the judge may still decide to follow 10,20. life sentencing guidelines or not This give the judge to power to decide, not the D.A.
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  #39  
Old 10-16-2017, 11:19 PM
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Quote:
Originally Posted by Patrickj View Post
Prop. 64 list which felonies may be reduced to a misdemeanor Prop.64 does not apply to all felony sentencing, only those that were changed by Prop 64. Plus Prop. 64 was retroactive. I do not see any where in this new law where that is written about being retroactive
You need a different challenge to your sentence then just the gun enhancement. If you can get back into court under some kind of other sentencing error, or trial error. Where new sentencing will apply this new law may play in to the new sentencing. Just to petition the court under inappropriate sentencing do to changes in the law will get you no where. Key factor in this new law the judge may still decide to follow 10,20. life sentencing guidelines or not This give the judge to power to decide, not the D.A.
In my scenario there was a conviction for possesion for sale of pot which is now eligible to be resentenced as a misdemeanor at the same time there was a another conviction with gun enhancement ... since we can go back for resentencing on the prop 64 covered offense can't we ask for resentencing on the gun enhancement at the same time ... isn't that the reason for th "resentencing pursuant to any other law" otherwise what does that wording in the bill mean?
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  #40  
Old 10-18-2017, 09:27 AM
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Originally Posted by Niner1 View Post
In my scenario there was a conviction for possesion for sale of pot which is now eligible to be resentenced as a misdemeanor at the same time there was a another conviction with gun enhancement ... since we can go back for resentencing on the prop 64 covered offense can't we ask for resentencing on the gun enhancement at the same time ... isn't that the reason for th "resentencing pursuant to any other law" otherwise what does that wording in the bill mean?
This is another example of needing a lawyer. Your scenario (prop 64) is, as you point out, a mechanism for resentencing. It has nothing to do with error in sentencing or error in trial as Patrick points out. The possession charge is not tied to the gun enhancement, the "other charge" is. I don't know whether anyone can really tell you right now if this can apply to SB620. It is not a straightforward situation and a brand new law. I would sure ask a lawyer for help.

If a lawyer is successful using your scenario that is only half the job. Per the bill (soon to be law) you need to provide the judge compelling reason it would be in the interest of justice to strike the enhancement. Something else to discuss with your lawyer.
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Old 10-31-2017, 07:01 PM
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Prison Law has put this information out
New Laws on Gun and Drug Enhancements
(Senate Bill 620; Senate Bill 180)(October 2017)read it for clarity of these two laws PLO plainly states These new laws are not retroactive to criminal cases that are final
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  #42  
Old 11-07-2017, 12:59 PM
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I just received information that California SB620 has passed both houses; now waiting for for the Governor to sign. This bill, I think, would allow a court to rescind a gun enhancement on a prisoner's sentence.

Can someone fill me/us in on this? My l.o. thinks that if the Governor signs, he would then have to submit something to the sentencing judge in this case to request the gun enhancement be removed. I haven't been able to find anything about SB620 in this forum, and if this bill becomes law, I'm sure it would also help many other prisoners.
Did we ever get more information on this? What steps would need to be taken in order to remove the gun enhancement charge?
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Old 11-07-2017, 01:45 PM
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Did we ever get more information on this? What steps would need to be taken in order to remove the gun enhancement charge?
You can read more about it by clicking the PLO link below. From what I understand, it is not retroactive. If your LO is through sentencing, the enhancement stays.
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Prison Law has put this information out
New Laws on Gun and Drug Enhancements
(Senate Bill 620; Senate Bill 180)(October 2017)read it for clarity of these two laws PLO plainly states These new laws are not retroactive to criminal cases that are final
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Old 11-07-2017, 01:46 PM
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You can read more about it by clicking the PLO link below. From what I understand, it is not retroactive. If your LO is through sentencing, the enhancement stays.
I found this as well - just needed confirmation since this is literally the only document with information about it being retroactive or not. Thank you.
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  #45  
Old 11-07-2017, 03:30 PM
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I found this as well - just needed confirmation since this is literally the only document with information about it being retroactive or not. Thank you.
You can read the whole law hereSince there is nothing in this law saying it is retroactive it is not
A new criminal law decreasing punishment for a crime does not apply to final cases (unless the Legislature specifically says)
Therefore Your case is final if the time for you to file a direct appeal has passed, or if your appeal and any petition for review by the California Supreme Court were denied and your time to file a petition for writ of certiorari in the U.S. Supreme Court has expired
With this all said if your case is settled you are not entitled to anything under this new law. Unless you can get back in to court on another issue and resentencing is in line. Then it is up to the judge how this new law maybe applied.
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Old 11-08-2017, 12:21 PM
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SB 620 amends PC 12022.5(c) and PC 12022.53(h) so as to grant the judge discretion to strike a PC 12022.5 or 12022.53 gun enhancement in the interest of justice under PC 1385 at the time of sentencing. Before the amendment, judges were prohibited from striking the enhancement. The effective date of the amendments is January 1, 2018. The question whether it applies prospectively only to offenses committed or sentenced after January 1, 2018 or retroactively to cases that are not yet final is still to be decided by the appellate courts. A case becomes final 90 days after the Court of Appeal issues its decision or, if a petition for review was filed, 90 days after the California Supreme Court denies review. Depending on where in the process the case is, the attorney will file a supplemental brief or a habeas corpus petition asking that the case get sent back to the Superior Court to allow the court decide whether or not striking the firearm enhancement would be in the interest of justice. If the person's case is final, then he is out of luck. There is no provision in the amendment for bringing cases that are final back to court for resentencing like there was for Propositions 36 and 47. Practically speaking, just as courts rarely strike strikes in the interest of justice, the courts are likely to be stingy about striking the firearm enhancements.
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