People v. Martinez
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The Court of Appeal modified the judgment by remanding the matter to the trial court with directions to strike the two one-year sentence enhancements imposed pursuant to Penal Code section 667.5, subdivision (b), and to resentence defendant.
At issue in this case is whether a defendant is entitled to seek the retroactive benefit of an ameliorative statute on appeal from an order revoking supervision. The court held that a split sentence consisting of a county jail term followed by a period of mandatory supervision does not automatically become a final judgment of conviction for purposes of Estrada retroactivity when the time to appeal from the imposition of that sentence expires. The court further held that defendant is entitled to seek relief under the new law where, as here the trial court subsequently revokes supervision and the Legislature enacts an ameliorative statute prior to or during the pendency of an appeal from the revocation order.
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