People v. Barton
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In September 2017, defendant pleaded guilty to furnishing methamphetamine and maintaining a place for the sale of a controlled substance. On October 23, 2017, defendant was sentenced. In the interim, on October 11, 2017, Governor Brown approved Senate Bill No. 180, which went into effect on January 1, 2018. Senate Bill 180 amended Penal Code section 11370.2 by eliminating its three-year enhancements for most drug-related prior convictions.
On remand from the California Supreme Court, the Court of Appeal reconsidered this case in light of Assembly Bill 1618, which added Penal Code section 1016.8. Defendant relied on the Estrada rule and contends that Senate Bill 180 is retroactive, thus invalidating the portion of her sentence imposed under former section 11370.2. Defendant argues that the waiver provision is void by retroactive application of Assembly Bill 1618.
The court agreed with the parties that Senate Bill 180 and Assembly Bill 1618 apply retroactively to this case. Therefore, the plea agreement is unenforceable and the trial court cannot approve of the agreement in its current form. The court remanded for the parties to enter a new plea agreement or to proceed to trial.
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