What is the effect of a new law retroactively retroactively reducing the sentence of a defendant who has been remanded in custody pending further investigation?
California, United States of America
The following excerpt is from People v. Beadle, 2d Crim. No. B289933 (Cal. App. 2019):
The People acknowledge that the new law applies retroactively, but argue that a remand is unnecessary because "the record reveals a clear indication that the trial court would not have reduced the sentence even if at the time of sentencing it had the discretion to do so." (People v. Almanza (2018) 24 Cal.App.5th 1104, 1110.) We agree with the People.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)
When a defendant is remanded in custody for failing to attend a sentencing hearing, what is the effect of remand on his sentence? (California, United States of America)
Can a defendant be remanded in custody for the retroactive retroactive ameliorative effect of the amendment to the Criminal Code Amendment? (California, United States of America)
In what circumstances will remand a defendant be remanded in custody pending further review? (California, United States of America)
Does a person who remains in custody prior to sentencing receive credit against their prison sentence for all those days spent in custody before sentencing? (California, United States of America)
Can a defendant sentenced or placed on probation prior to Proposition 47's effective date have his or her sentence reduced? (California, United States of America)
When a defendant is held in custody before his sentence is due, is he entitled to time to serve his sentence as a result of the time he was in custody? (California, United States of America)
In what circumstances will a convicted criminal defendant be remanded in custody for a reduction in his sentence due to a fortuitous sentencing error? (California, United States of America)
Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code? (California, United States of America)
Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
