Can a defendant who committed his crimes before the effective date of the amendment to the Criminal Code, section 12022.7 of the Penal Code, apply the new restriction on the amount of time a defendant can serve on a minimum sentence?

California, United States of America


The following excerpt is from People v. Shirley, 18 Cal.App.4th 40, 22 Cal.Rptr.2d 340 (Cal. App. 1993):

Although this new restriction may not constitutionally be applied to defendants who committed their crimes before the effective date of the amendment (People v. Williams (1987) 196 Cal.App.3d 1157, 1161, 242 Cal.Rptr. 421), the defendant in this case committed his crimes in July and August of 1991. Nevertheless, this subdivision has no application here because the sentencing court did not strike the enhancement. Instead, the enhancement was stricken in the earlier proceeding when there was no prior serious felony to strike, only an enhancement under section 12022.7.

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