SB 1393 Can Eliminate 5 Year Prison Sentence Enhancements | Learn More

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SB 1393, The Fair and Just Sentencing Reform Act, went into effect on January 1, 2019.

California law now states that a judge may strike a prior serious felony conviction to avoid the five-year enhancement, if the act furthers justice. Our attorneys are filing petitions and working with the convicted to help them win resentencing.

The new law amends California Penal Code Sections 667 and 1385 to end the mandatory application of the 5-year sentence enhancement given for each prior serious felony (PC §1192.7(c) and PC §1192.8).

Judges are now allowed to consider the specific facts of a case, including:

  • A defendant's criminal history;

  • The seriousness of the offense; and/or,

  • Other potentially mitigating circumstances

The Fair and Just Sentencing Reform is not retroactive. With a few very small exceptions, if a person has already been sentenced under the enhancement and the conviction is final (i.e., they are no longer on direct appeal), they are not impacted by this reform. But there is good news!

There are still options to have your or your loved one’s case re-heard and possibly be resentenced to a lesser sentence.

If you think these might apply to you, talk with one of our attorneys about this possibility.

  • First, if there is an error in your sentence, you can appeal your sentence. If the court, on appeal, agrees that there is a mistake, they will send the case back to the sentencing judge for resentencing.

  • Second, if you have been sentenced within the last 120 days, the court has the authority to recall your sentence and resentence you under PC §1170(d)(1). You can invite the court to recall your sentence, although there is no formal petition or appeal.

  • Third, also under PC §1170(d)(1), after 120 days the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings or the County Correctional Administrator (County Sheriff) may make a recommendation to the court to recall your sentence and resentence you.

  • Fourth, AB 2942 (Ting), which goes into effect January 1st, 2019 amends Section 1170 of the Penal Code, authorizing a court to also accept recommendations from the District Attorney of the county in which the defendant sentenced, to recall a sentence and resentence that person to a lesser sentence.

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Judson Parker