People v. Ellis
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Senate Bill No. 1393 amended Penal Code sections 667, former subdivision (a)(1), and 1385, former subdivision (b), and granted trial courts the discretion to strike or dismiss the previously mandatory five-year prior serious felony conviction enhancement under section 667, subdivision (a)(1).
The Court of Appeal held that defendant's failure to obtain a certificate of probable cause at the time of appeal does not bar his claim on appeal requesting relief under the change in the law. In this case, defendant entered his plea, was sentenced, and then filed a notice of appeal approximately one year after SB 1393 was enacted. The court rejected the People's alternative contention that remand under SB 1393 would be an exercise in futility, and remanded the matter to allow defendant to seek relief under SB 1393. The court otherwise affirmed the judgment.
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