Q: Can u have a special allegation charge removed from a manslaughter conviction in California?
A: If there’s a change in the law on that special allegation or enhancement and it’s retroactive, the conviction can be recalled and re-sentenced. For example AB 1509, which changed the firearm enhancement, effective Jan 2022, is retroactive and significant in reducing the enhancement from 10,20, life to 1,2 or 3 yrs.
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