Articles Posted in Criminal Appeals

California Criminal Appeals Attorneys Helping Obtain Resentencing Hearings Based on New Legal Developments

Note: AB 1310 is proposed legislation and is not yet enacted law. Thus, any of the remedies created by AB 1310 are not yet available and will only become available if and when AB 1310 is signed into law by Governor Gavin Newsome. This was drafted in 2023. 

California lawmakers have been busy over the past decade revamping much of the state’s criminal justice system. In particular, these reforms have been centered around California’s harsh sentencing laws, which previously were among the harshest in the nation. It’s with this backdrop that Assembly Member McKinnor introduced “Assembly Bill 1310”, which is one of the state’s newest resentencing measures. 

Senate Bill 81 (“SB 81”) is a pivotal piece of legislation that dramatically changed the landscape of California sentencing procedures. While SB 81 is undeniably relevant to anyone with a current case in the California criminal justice system, it may also be used by inmates who were sentenced years ago to help them obtain a resentencing hearing. Read on to learn more about SB 81, who can benefit from the law, and how to pursue a resentencing hearing based on monumental changes to the justice system. 

What Is SB 81?

Senate Bill 81 (Reg. Sess. 2021-2022) is one of the more dramatic criminal justice reforms California lawmakers have enacted in recent years. Drafted by Nancy Skinner of California’s 9th District, SB 81 is straightforward in its approach in that it requires a judge to strike or dismiss any sentencing enhancement “if it is in the furtherance of justice to do so.” SB 81 is not codified in California Penal Code § 1385.

On October 8, 2023, California took a significant stride in criminal justice reform with the enactment of Assembly Bill 600, widely referred to as “AB 600”. This legislative development, approved by Governor Newsome, marks a paradigm shift in the state’s approach to resentencing hearings for inmates, introducing the concept of Judicial Initiated Sentencing. In this article, we will discuss AB 600, how it came about, how it works, and what applicants may anticipate if filing for an AB 600 “judicial initiated” resentencing.

Understanding AB 600: An Evolution in Resentencing

AB 600 stands as a pioneering California law designed to augment judges’ discretion in ordering resentencing hearings for inmates serving extended sentences for serious crimes. To grasp the nuances of AB 600, it is crucial to contrast its provisions with the previous legal landscape.

Welcome to Power Trial Lawyers, where your rights and your future matter to us. Located in the heart of Orange County and Los Angeles County, we provide staunch representation for individuals facing gun crime charges. Our mission is to protect your dignity, rights, and freedom at every turn of the often intimidating landscape of legal proceedings. With our in-depth understanding of intricate firearm laws, our team is strongly equipped to stand by your side to navigate through these challenging times. We stand ready to defend you no matter how intricate your case may be. Reach out to us at (213) 800-7664. At Power Trial Lawyers, we believe in your voice, and we fight to ensure it gets heard.

Types of Gun Crimes

In California, understanding the laws surrounding gun crimes isn’t just important, it’s crucial for maintaining your rights and freedom. Our firm, with its solid presence in both Orange County and Los Angeles County, has a team of attorneys well-versed in representing clients involved in these offenses. Let’s unpack some of the most typical types in California:

California’s felony sentencing guidelines are established by the California Penal Code and the California Rules of Court.

  • The California Penal Code (Section 1170) sets forth the basic framework for felony sentencing in the state, including the three strikes law, determinate sentencing, and alternative sentencing options such as drug treatment programs and community service.
  • The California Rules of Court (Rule 4.408) provides more detailed information on the sentencing process, including the procedures for imposing and challenging a sentence, the calculation of good conduct credits, and the rules governing parole and probation.

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California Court of Appeals rules for Power Trial Lawyers client after the firm successfully brought a Writ of Habeas Corpus. The Appellate Court remnded the case back to the Superior Court for an evidentiary hearing.

Power Trial Lawyers, P.C. successfully argued a client’s case in the California Appellate Court, Second District, forcing the case back to the Los Angeles County Superior Court for an evidentiary hearing.

On December 1, 2022, after nearly 20 months of review, the California Appellate Court, Second District issued an order in a Power Trial Lawyers, P.C., case that involved a client who was deprived of their right to effective counsel. Even worse, at the trial level, the Client’s former attorney did not properly object to the admission of contents of the client’s cell phone that was obtained from a warrantless search pursuant to Penal Code § 1538.5 and Riley v. California (2014) 573 U.S. 373

What Is AB 256?

Senate Bill 256 is a bill introduced by State Assemblymember Ash Kalra of the 27th Assembly District. The bill builds upon a prior law, the California Racial Justice Act, which precludes the government from making any prosecutorial or sentencing decisions based on the race, ethnicity or national origin of the accused. While the Racial Justice Act, which was also presented by Assemblymember Kalra, took significant steps to remedy an unfair criminal justice system, it only applied to convictions on or after January 1, 2021. Thus, those who were serving sentences based on decades-old convictions were beyond the scope of the Act, meaning they were left without a remedy.

Assembly Bill 256 changes this by extending the protections of the Racial Justice Act to those who were convicted of a crime before January 1, 2021. Thus, under the newly passed AB 256, anyone, regardless of when they were convicted, can pursue relief under the California Racial Justice Act. Not only that, but the bill would also require any judge whose conduct was challenged in an inmate’s petition to recuse themselves. Practically speaking, this means that many inmates will be able to present their petition to a judge other than the one who convicted or sentenced them.

On August 8, 2022, the California Supreme Court decided a long-awaited case that affects SB 1437 Petitions for individuals convicted of Special Circumstance Murder when they ruled in the case of People v. Christopher Strong. Specifically, the Supreme Court ruled that some special circumstance findings do not automatically preclude defendants from SB 1437 relief.

Background Regarding SB 1437

dreamstime_xl_15103637-750x422-1-300x169In 2019, SB 1437 was enacted, amending Penal Code § 188 and § 189 and creating Penal Code § 1170.95. Pursuant to SB 1437, accomplice liability for felony murder and murder by way of the natural and probable consequence doctrine was substantially changed, allowing individuals convicted to seek to vacate their murder convictions and obtain resentencing relief. Resentencing is available for individuals convicted of murder, attempted murder, and/or manslaughter if they demonstrate:

Another Power Trial Lawyers, P.C. Client is spared from his sentence, when Governor Newsom granted his Application for Commutation of Sentence. His family and friends were elated to hear that the Power Trial Lawyers, P.C. client was sparred from his Life Without the Possibility of Parole sentence. Power Trial Lawyers, P.C. represented the client through the Clemency process, where we advocated for his rights before the Parole Board.

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In granting the Application for Commutation of Sentence, Governor Newsom indicated the following about Power Trial Lawyers, P.C.’s client:

In 1986, Jose Garcia and his crime partners kidnapped two victims who owed them money, held them for ransom, and beat them. On April 26, 1988, the Superior Court of California, County of Los Angeles, sentenced Mr. Garcia to life without the possibility of parole for kidnapping for ransom, five years for kidnapping, plus four years of sentence enhancements.

Another Power Trial Lawyers, P.C. client is fortunate to be successfully resentenced out of Riverside County pursuant to Senate Bill 483 and Penal Code § 1170.03.

On April 15, 2022, after nearly 9-months of review, the California Superior Court of Rancho Cucamonga successfully resentenced a Power Trial Lawyers, P.C., sparing him from an illegitimate sentence. The San Bernardino Superior resentencing Court issued Power Trial Lawyers, P.C. a new Abstract of Judgment amending our client’s sentence.

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In 2012, the client was initially charged with three (3) counts of robbery (Penal Code1 § 211), each with allegations of the robberies being committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)) and use of a firearm (§ 12022.53, subds. (b), (e)(1)). He was also charged with a single count of being a prohibited person (i.e., felon or addict) in possession of a firearm (§ 29800, subd. (a)) with a criminal street gang enhancement (§ 186.22, subd. (b)(1)(A)). Further, it was alleged that he had suffered a prior prison term (§ 667.5, subd. (b)).

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