People v. StampsAnnotate this Case
The Supreme Court remanded this matter to the superior court to allow Defendant an opportunity to seek relief under Senate Bill 1393, holding that the court of appeals properly concluded that a certificate of probable causewas not required and that Senate Bill 1393 applied retroactively to Defendant.
Pursuant to a plea agreement, Defendant pled guilty to one first degree burglary and admitted one serious felony conviction in exchange for a nine-year sentence. The sentence was based on the low term for burglary, doubled under the Three Strikes law, plus five years for the serious felony enhancement. While Defendant's appeal was pending, a new law went into effect - Cal. Penal Code 1385, subd. (a) - permitting the trial court to strike a serious felony enhancement in furtherance of justice. The Supreme Court held (1) Defendant was not required to obtain a certificate of probable cause to claim on appeal that the new law applied to him retroactively; (2) the new law applied to Defendant because his case was not yet final on appeal; and (3) the superior court is not authorized to exercise its discretion to strike the enhancement but otherwise maintain the plea bargain.