Does the Realignment Act apply to defendants whose sentences were imposed but suspended before the effective date of the Act?
California, United States of America
The following excerpt is from People v. Scott, 157 Cal.Rptr.3d 305 (Cal. App. 2013):
The question of whether or not the changes made to the Penal Code by the Legislature through the Realignment Act apply to those defendants whose sentence was imposed but suspended before the effective date of the Act, but whose sentence was executed after the effective date of the Act, is a question of law that we will review de novo. ( People v. Failla (2006) 140 Cal.App.4th 1514, 1520, 45 Cal.Rptr.3d 585.)
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