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Probation--Finality for Purposes of Applying a Later Ameliorative Change in the Law

Is the judgment in a criminal case considered final for purposes of applying a later ameliorative change in the law when probation is granted and execution of sentence is suspended, or only upon revocation of probation when the suspended sentence is ordered into effect? (People v. Esquivel (Mar. 26, 2020, B294024) [nonpub. opn.], review granted 8/12/2020 (S262551).)

Review on this issue has also been granted with briefing deferred in:

  • People v. Shelton (May 28, 2020, B299376) [nonpub. opn.], review granted 8/12/2020 (S262972)
  • People v. Milazo (June 22, 2020, D074159) [nonpub. opn.], review granted 9/9/2020 (S263602)
  • People v. Dubarr (July 14, 2020, E073611) [nonpub. opn.], review granted 9/16/2020 (S263904)
  • People v. Donaldson (July 17, 2020, F075916) [nonpub. opn.], review granted 9/30/2020 (S264131)
  • People v. Conatser (2020) 53 Cal.App.5th 1223, review granted 11/10/2020 (S264721/A154326)
  • People v. Contreraz (Aug. 21, 2020, H045787) [nonpub. opn.], review granted 11/10/2020 (S264638)
  • People v. Martinez (2020) 54 Cal.App.5th 59, review granted 11/10/2020 (S264848/B303086)
  • People v. Gezzer (Oct. 5, 2020, F076566) [nonpub. opn.], review granted 12/9/2020 (S265198)
  • People v. Glavish (Oct. 26, 2020, B287131) [nonpub. opn.], review granted 1/13/2021 (S265602)
  • People v. Lopez (2020) 57 Cal.App.5th 409, review granted 1/27/2021 (S266016/H046618)
  • People v. France (2020) 58 Cal.App.5th 714, review granted 2/24/2021 (S266771/A158609)

Updated: 2/24/2021

Return to: California Supreme Court Pending Issues.

 

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