Q: Can my brother have his case reviewed under SB620 gunenhancements, if his conviction was in 1999?
He was convicted of 2nd degree murder w/ 25 year to life gunenhancement in 1999.
A: Have there been any appeals in the case thus far? Why the delay of 18 years? Habeas appeals law has equitable tolling provisions, but it's very fact dependent. Unless legislation is actually passed and explicitly made to function retroactively, it's considered proactive, as a general rule. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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