Does the Attorney General have any authority to apply the rule in People v. Francis to apply retroactively to the amended version of section 12022.5 of the Penal Code?
California, United States of America
The following excerpt is from People v. Hannon, A148683 (Cal. App. 2018):
The Attorney General argues the reasoning of People v. Francis (1969) 71 Cal.2d 66, controls here. People v. Francis applied the rule in Estrada to a change in the law that gave the trial court discretion to impose a misdemeanor rather than a felony. (Id. at pp. 76-77.) Similarly, here, the amended version of section 12022.5 gives the trial court discretion to impose a lesser sentence and must be applied retroactively to Hannon's case.
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