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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