What are the implications of the Attorney General's claim to have remanded a defendant's firearm enhancements?
California, United States of America
The following excerpt is from People v. Lara, F074100 (Cal. App. 2018):
Relying primarily upon People v. Francis (1969) 71 Cal.2d 66 and In re Estrada (1965) 63 Cal.2d 740, the Attorney General concedes the foregoing amendment applies retroactively to defendant's case when the amendment goes into effect. We accept the concession without further analysis, and turn to the Attorney General's claim remand is not appropriate because no reasonable court would exercise its discretion to strike defendant's firearm enhancements. We agree.
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