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Articles by Topic or Issue (Sentencing Continued - Sex Offenses)

Sentencing Continued

  1. What Does SB 567 Do for Sentencing & Resentencing?

  2. A Parole Risk Assessment Admissible in Resentencing?

  3. AB 1540: New Procedures for Recall & Resentencing

  4. What’s AB 2942 and How Does it Apply to Resentencing?

  5. CDCR Recommends Resentencing, SB1393, Long Beach

  6. SB 1437: Eliminating Natural and Probable Consequences

  7. Newly Discovered Evidence, Motion under PC 1473.6?

  8. Federal Habeas Relief if Conditions Not Custodial?

  9. Denial of Inmate’s Franklin Motion Premature

  10. In Remand for SB 620, Is Entire Sentence Reconsidered?

  11. SB 1437: Notice Regarding Resentencing, Redesignation

  12. Court Errs in Denying Request for “Franklin Hearing”

  13. SB 1437 Motion Denied, then Reversed for SB 775 Evaluation

  14. Applying SB 567 When Defendant Age 22, Sex Offense

  15. Is a Plea Agreement Enforceable that Waives Appeal?

  16. Armed Career Criminal Act – What is One Offense?

  17. Military Resentencing (1170.91) - Stipulated Sentence?

  18. Sentencing: Considering Youth-Related Mitigating Facts

  19. Improper Upper Term Sentence in Long Beach Courthouse

  20. First Assembly Bill (AB) 1540 Resentencing Appeal Case

  21. AB 620 Applied to 12022.53 in Robbery, Shooting Case

  22. Assembly Bill 124 Applied to Sentencing on Robbery

  23. Miller v. Alabama Followed in Juvenile LWOP Sentence

  24. Senate Bill 620 Resentencing under People v Tirado

  25. Why is PC 1203.01 Important in Post-Conviction Relief?

  26. Does PC 186.22(b)(4) Apply to Conspiracy Crimes?

  27. Applying SB 567 to Resentence on Firearm Count

  28. Resentencing Example under SB 620, 1393, 567 and 518

  29. Discovery for California Racial Justice Act Case

  30. SB 1437: Conviction for First Degree Murder Eligible?

  31. SB 1437 Relief if Defendant Admits Premeditation?

  32. SB 567: When Can Judge Not Sentence to Low Term?

  33. Resentencing When Judge Considers Improper Factors

  34. 756 Year Sex Case Sentence Remanded for Resentencing

  35. SB 620 and SB 1393 Applied in Death Penalty Case

  36. SB 567 Resentencing Denied on Upper Term Sentence

  37. Defendant’s Right to Be in Court for 1437 Hearing

  38. Using Facts in Safety Valve Proffer for Sentencing?

  39. After Sentence Recall, All New Sentencing Laws Apply?

  40. If Firearm Enhancement (12022.53) True, Lesser One OK?

  41. Does SB 567 Apply if Sentence Was Plea Bargained?

  42. Senate Bill 620 Discretion and Penal Code § 12022.5

  43. SB 1437: The Strong Case, Clarifying Banks and Clark

  44. CDCR’s Eligibility Criteria for Resentencing Relief

  45. Seven Common Sentencing Discrepancies CDCR Notes

  46. CDCR Resentencing: Exceptional Conduct Exclusions

  47. Petition for Resentencing Must Consider Youthfulness

  48. California Racial Justice Act Discovery Motion, SB 567

  49. SB 1437 – What if No Issue Appeal Brief Filed?

  50. Concurrent Terms Under the Three Strikes Reform Act

  51. All Changes in Sentencing Available in Resentencing

  52. SB 567 – Can Remand Be Unnecessary on Upper Term?

  53. How Binding is the CDCR Resentencing Recommendation?

  54. SB 1393 Not Retroactive - Judge Errs by Denying Recall

  55. Defendant in Prison Files Motion for Resentencing, Denied

  56. Senate Bill 81 Resentencing: Must Dismiss Enhancement?

  57. SB 1437 – If Motion Granted, Do Enhancements Remain?

  58. In re Moore, Youthfulness & Reckless Indifference

  59. SB 1393: Can Judge Lower Sentence if Plea Bargained?

  60. SB 81 – When Judge Can Refuse to Strike Enhancement

  61. SB 567 Remand & Resentencing Even in Extreme Case

  62. SB 81: No Rebuttable Presumption of Dismissal

  63. Must Judge Strike Gun Enhancement if CDCR Says So?

  64. Federal Sentencing Enhancement in EBT Card Fraud Case

  65. Order Denying CDCR Resentence Recommendation Reversed

  66. Youthfulness Contributing to Crime, PC § 1170(b)(6)(B)

  67. PC 1172.6 Resentencing – Judge Finds Actual Killer?

  68. PC 1172.6 Aiding and Abetting by Not Protecting Child?

  69. AB 518, Staying a Sentence and One Strike Sentencing

  70. Ninth Circuit Overturns State Court Death Sentence

  71. Does a Pre-AB 333 Strike Stay a Strike after AB 333?

  72. SB 483: May a Person in Prison Request Resentencing?

  73. Federal Career Offender Enhancement, Case Law Changes

  74. When Can a Prisoner File a Petition for Resentencing? 

  75. Can One File a 170.6 Challenge on 1172.6 Resentencing?

  76. Aiding & Abetting, Crime of Violence under USSG?
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