People v. Alexander
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Senate Bill 1393, which amended Penal Code sections 667 and 1385 to give trial courts discretion to strike prior serious felony enhancements, does not apply to final convictions.
The Court of Appeal dismissed defendant's appeal from the trial court's postjudgment order denying his motion for resentencing pursuant to S.B. 1393. In this case, when the trial court sentenced defendant, Penal Code section 667, subdivision (a), required it to add four five-year enhancements to his sentence for his prior serious felony convictions. Under S.B. 1393, the trial court now has discretion to strike the enhancements. The parties agreed that S.B. 1393 applies retroactively on appeal from judgment, but defendant argued that his case should be remanded for resentencing under the new law. The court agreed with the Attorney General and held that remand was not required because defendant's conviction was final prior to the law's effective date. The court also rejected defendant's alternative equal protection claim.
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