Is a Certificate of Probable Cause Needed for SB 620 Relief?

A judge may strike a ten-year sentencing enhancement, in his or her discretion, in any sentence eligible for resentencing. Usually, this means the sentence is not yet final because the case is at some stage of appeal or post-appeal within a deadline for a further appeal or writ. But to seek resentencing on a non-final sentence, must defendant also obtain a certificate of probable cause? The answer is yes. To read a summary of a reported decision, where this critical issue was litigated, please click on the following link.


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