45 Cal.App.5th 341
Cal. Ct. App.2020Background
- In Dec. 2016 Alexander pled no contest to second-degree robbery and admitted five prior strikes and four prior serious-felony convictions.
- Trial court struck four strikes, imposed low term doubled for one remaining strike, and added four five-year prior-serious-felony enhancements for a 24-year term.
- Alexander did not appeal; his conviction became final in Feb. 2017.
- Senate Bill No. 1393 (effective Jan. 1, 2019) made the § 667(a) five-year prior-serious enhancements subject to the trial court’s discretion to strike.
- In Feb. 2019 Alexander moved for resentencing under S.B. 1393; the trial court denied the motion, concluding it lacked authority to grant relief for final convictions. Alexander appealed from that denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether S.B. 1393 applies to convictions that were final before the statute took effect | Alexander: Legislature intended retroactive application; principles of amelioration and equal protection support relief | People: No express retroactivity; § 3 presumes statutes are not retroactive; Estrada presumption covers only nonfinal convictions | S.B. 1393 does not apply to final convictions; ameliorative presumption applies only to nonfinal cases absent clear legislative intent |
| Whether the trial court had jurisdiction to grant resentencing and whether denial is appealable | Alexander: Court could exercise new discretion to strike enhancements | People: Court lacked jurisdiction to alter a final sentence; denial does not affect substantial rights and is not appealable | Trial court lacked jurisdiction; denial did not affect substantial rights; appeal dismissed |
Key Cases Cited
- People v. Garcia, 28 Cal.App.5th 961 (2018) (S.B. 1393 gives courts discretion to strike prior serious-felony enhancements on nonfinal convictions)
- People v. Woods, 19 Cal.App.5th 1080 (2018) (ameliorative sentencing changes apply to nonfinal cases on appeal)
- People v. Lopez, 42 Cal.App.5th 337 (2019) (recent statutes limiting enhancements apply retroactively to nonfinal convictions)
- In re Estrada, 63 Cal.2d 740 (1965) (ameliorative penal statutes apply to all nonfinal convictions absent contrary legislative intent)
- People v. Zapien, 4 Cal.4th 929 (1993) (appellate review examines result, not the trial court’s reasoning)
- In re Spencer, 63 Cal.2d 400 (1965) (finality occurs when direct review is no longer available)
- People v. Turrin, 176 Cal.App.4th 1200 (2009) (order denying relief the court lacks jurisdiction to grant does not affect substantial rights)
- People v. Chlad, 6 Cal.App.4th 1719 (1992) (appeal from denial of a motion that trial court lacked jurisdiction to grant must be dismissed)
- People v. Martinez, 4 Cal.5th 647 (2018) (no retroactivity to final convictions absent express legislative statement)
- People v. Brown, 54 Cal.4th 314 (2012) (courts should not infer retroactivity from vague or broad legislative language)