Is a defendant's sentence for a violation of Health and Safety Code section 11352 retroactive?
California, United States of America
The following excerpt is from People v. Sanders, C089187 (Cal. App. 2020):
We agree with the parties that because defendant's sentence is not yet final, and because his prior offense (a violation of Health and Safety code section 11352 subdivision (a)) was not a sexually violent offense, he is entitled to the ameliorative benefit of the amendment. (See People v. Vieira (2005) 35 Cal.4th 264, 306 ["for the purpose of determining retroactive application of an amendment to a criminal statute, a
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