Is an amendment to the Penal Code retroactively applied to a defendant's case?
California, United States of America
The following excerpt is from People v. Siackasorn, C083469 (Cal. App. 2018):
Generally, an amendment to the Penal Code is not retroactive but an exception applies when an amendment reduces the punishment for a particular crime or gives the sentencing court discretion to impose a lower sentence and the judgment is not yet final. ( 3; People v. Brown (2012) 54 Cal.4th 314, 323-324; In re Estrada (1965) 63 Cal.2d 740.) The People concede that the amendment applies retroactively to defendant's case because it is not yet final.
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