People v. Lopez
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Lopez pleaded guilty in 2011 to transporting a controlled substance (Health & Saf. Code, 11352(a)), a felony. Lopez was granted probation, which he violated in 2014; the court terminated probation and imposed an eight-month sentence, suspended execution of that sentence, and placed Lopez on mandatory supervision. Lopez violated the terms of mandatory supervision in February 2016. The court increased the sentence to two years but again suspended execution to reinstate supervision. Lopez again violated supervision in October 2016. He failed to appear at the violation hearing, and a bench warrant issued. Lopez was brought to court in 2018 and moved to vacate his conviction. In 2013—two years after his guilty plea—Health and Safety Code section 11352 had been amended to make transportation of a controlled substance a felony only where the transportation was for the purpose of sale, not for personal use. Lopez claims his offense involved personal use. The court found the statutory amendment inapplicable because Lopez’s judgment was final.
The court of appeal reversed. Where execution of sentence is suspended to place a defendant on mandatory supervision, there is no final judgment for purposes of retroactively applying an ameliorative statutory amendment. Sentencing was not actually complete; Lopez is entitled to retroactive application of the amendment that made transporting a controlled substance for personal use a misdemeanor.
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