Can Prop 57 Apply if Defendant Resentenced on Appeal?

The juvenile case direct filing prohibitions contained in Proposition 57 (Prop 57) can apply if a defendant’s appeal is granted on other sentencing issues, as the following case summary explains. The key to this opinion is that once resentencing is allowed, the sentence is no longer final and the bar against retroactive application of Prop 57 to final sentences no longer applies. However, as the following summary exemplifies, just because the case must be refiled in juvenile court does not necessarily mean it will remain in juvenile court, as it can be then re-transferred to adult court. To read more about this “loophole” to the bar against retroactive application of Prop 57 to final sentences, please click on the following link – https://www.greghillassociates.com/can-prop-57-apply-if-defendant-resentenced-on-appeal.html

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