Is SB 1393 Retroactive to Allow Resentencing, Less Time?

Senate Bill (SB) 1393 is not retroactive to allow someone in prison to request a lower sentence based on SB 1393’s provisions giving judges discretion to not impose a five-year enhancement for a prior conviction for a serious felony when defendant faces a sentencing on a serious felony. In other words, one cannot ask for resentencing on any sentence if the sentence is final. However, if the sentence is not final, SB 1393 would apply and the judge has discretion to keep or not impose such a five-year enhancement. To read more about SB 1393, please click on the following link.



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