Los Angeles, CA asked in Criminal Law for California

Q: five year enhancement for prior serious conviction was imposed after the new law SB 1393 was enact in jan.1.,2019

Can a judge impose the five year enhancement for prior serious conviction after the new law was passed in 2019 for SB 1393 my friend was arrested on april 22 ,2019 and law passes on jan.1,2019

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1 Lawyer Answer
Rhonda Mae Hixon
Rhonda Mae Hixon
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: The change in the law (667, 1385 P.C.) brought about by SB1393 doesn't eliminate the 5 year enhancement, it just gives the court discretion to strike it, or not impose it. The only way it results in an appeal issue is if the judge didn't know he/she had discretion, and says something on the record like "I have no choice...or " I don't want to but the law requires me...to impose the five year enhancement."

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