Articles Posted in Enhancements

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.

If you’re charged with larceny in Orange County or Los Angeles, you need to understand the high stakes involved. A conviction could upend your life, impacting your future employment prospects, relationships, and even your freedom. It’s crucial to take any larceny charge seriously by securing skilled legal representation.

Power Trial Lawyers, P.C. is dedicated to upholding the rights and defending the interests of those facing larceny charges. Our team is known for their dedicated advocacy, strategic approach, and tireless pursuit of favorable outcomes. We have a proven track record of vigorous defense for our clients, using a thorough understanding of state and federal laws. Available around the clock, we can be reached at (844) 844-7693. Let our experienced legal team be your guiding resource and protector in the battle against larceny charges. Stand strong in the face of adversity with Power Trial Lawyers, P.C.

Definition of Larceny

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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Power Trial Lawyers, P.C. entered into a stipulation with the Los Angeles District Attorneys office to resentence client. Client will be home for the holidays.

The Power Trial Lawyers, P.C. attorneys and staff are celebrating another major win for their client! Another Power Trial Lawyers, P.C. Client is resentenced and will be home for the holidays after the firm successfully reached a stipulation with the Los Angeles District Attorney’s Office pursuant to Penal Code § 1172.6. The Los Angeles County Court reviewed the joint stipulation and signed off on it by vacating the client’s conviction.

The case revolved around Penal Code § 1172.6, which modified the law regarding murder and attempted murder. The client’s case was reviewed and it was determined his case qualified under SB 775 and Penal Code § 1172.6. Once a petition was brought, the firm’s attorneys were able to establish a Prima Facie showing that the client is entitled to resentencing. Power Trial Lawyers, P.C. attorneys represented the client in court. They argued that not only is he entitled to resentencing, but that the conviction should be vacated in its entirety, as the conviction cannot be upheld under current laws. The Los Angeles District Attorney’s office ultimately agreed and entered into a joint stipulation with Power Trial Lawyers, P.C. to resentence the client and to vacate his conviction.

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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 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)).

ABC7 publishes an article covering California Criminal Appeals attorney, Matthew Barhoma’s work in a re-sentencing of his client pursuant to Penal Code 1170(d)(1) and AB 2942.

The article highlights a recent success for Power Trial Lawyers, P.C., where the Firm successfully reduced a client’s sentence just mere 9 months after retaining the Firm. Our client, Mr. Earl Snoddy, spent the last 27-years behind bars for a crime he likely did not commit. The Firm filed a conviction integrity request. In addition, Mr. Snoddy, through his counsel, sought to recall and renegotiate on the sentence by submitting an AB 2942 / Penal Code § 1170(d)(1) petition. The matter had deep implications among the California Three Strike laws and various enhancements, as discussed by the ABC7 article and coverage on the matter.

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Family Reunited

California Criminal Appeals Lawyer Comments on Recent Criminal Justice Headlines

Recently, Attorney Matthew Barhoma, appeared on Court TV to discuss several of the nation’s highest-profile criminal cases.

 Ahmaud Arbery

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