Q: My husband is incarcerated and recently had his marijuiuna charged expunged by courts this charge was a enhancement
He has appealed to be released as he now completed his sentencing and is being held solely on the marijuina enhancement conviction which is now expunged due to Prop 207. His appeal was denied ? Is there a similar case law? Do you know what is the process of marijuima being used for enhancement on convictions now that Prop 207 has passed?
A:
I do not believe there is any case law on this situation yet. Your husband should work with his attorney. When you state that he "appealed to be released" I presume he appealed to the sentencing court. Now that he has been denied by the Superior Court, he will need to file with an appellate court to establish case law regarding this matter.
I suggest reaching out to the Post-Conviction Clinic at the Sandra Day O'Connor College of Law at Arizona State University. This sounds like the kind of case the law school would probably LOVE to be involved with.
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