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When a Final Judgment is Later Vacated, Altered, or Amended and a New Sentence Imposed, Can an Ameliorative Change in the Law be Applied?

When a judgment becomes final, but is later vacated, altered, or amended and a new sentence imposed, is the case no longer final for the purpose of applying an intervening ameliorative change in the law? (See also People v. Federico (2020) 50 Cal.App.5th 318, review granted 8/26/2020 (S263082/E072620)). (People v. Padilla (2020) 50 Cal.App.5th 244, review granted 8/26/2020 (S263375/B297213).)

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

  • In re Moore (June 19, 2020, B299307) [nonpub. opn.], review granted 9/30/2020 (S263576)
  • People v. Quiroz (July 16, 2020, B296705) [nonpub. opn.], review granted 10/14/2020 (S263880)

Updated: 10/14/2020

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