Earlier this year, a state appellate court issued an opinion in a California violation of probation case, discussing whether the defendant was entitled to the benefit of Senate Bill 620, even though the time to appeal his underlying conviction had passed. Ultimately, the court concluded that the defendant was entitled to a resentencing, based on the language of SB 620 and the holding in the recent case, People v. McKenzie.
The Facts of the Case
The details of the allegations leading to the defendant’s arrest and conviction are not particularly relevant to this post-conviction matter. However, briefly, according to the court’s opinion, the defendant plead guilty to robbery and felony assault. In addition, the defendant admitted to using a firearm, resulting in a firearm enhancement. The agreement was that the defendant would be sentenced to 10 years in jail, but it would be suspended in favor of placing the defendant on probation.
The following year, the defendant was arrested for violating his probation. The judge then imposed the 10-year suspended sentence. The defendant appealed, arguing that he was entitled to a hearing in which he could ask the trial judge to strike the firearms enhancement.