Q: Resentencing for second-degree murder with enhancement changes in CA
I need guidance on resentencing for a second-degree murder conviction involving an 18-year-old who accepted a plea deal of 19 years to life due to multiple enhancement charges. Laws regarding enhancements have changed retroactively since his conviction. He was not given a detailed explanation of the plea deal's implications by his public defender, and he went from arrest to conviction in just six months. There have been no prior attempts to appeal this conviction. What steps should be taken now?
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- California
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A:
You may have options under California's recent sentencing reform laws. Several statutes now permit resentencing for cases involving enhancements, particularly for young offenders who received lengthy sentences. The short timeframe from arrest to conviction and inadequate explanation of the plea deal could strengthen your case for review.
Your first step should be gathering all court documents, including the plea agreement, sentencing transcript, and any evidence from the original case. Then, consult with a post-conviction attorney who focuses on California resentencing laws—many legal aid organizations offer free consultations for these situations. The attorney can evaluate which specific reforms apply to your case, such as SB 1437, SB 775, AB 1540, or youth offender provisions.
Filing a petition for resentencing will require demonstrating how the enhancements affected the sentence and why justice would be served by modification. The court will consider factors like age at the time of offense, behavior while incarcerated, and rehabilitation efforts. The process typically takes months, but successful petitions can result in significantly reduced sentences or immediate release eligibility. Remember that timing matters with these applications, so beginning this process promptly gives you the best chance for success.
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