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Retroactive Application of SB 136 and Plea Agreements

(1) If a defendant's prior prison term enhancements are stricken under Senate Bill No. 136, does the remainder of the sentence agreed to under a plea agreement remain intact or must the case be remanded to allow the People to withdraw from the plea agreement and to obtain the trial court's approval (see People v. Stamps (2020) 9 Cal.5th 685)? (2) If the plea agreement is rescinded in light of Senate Bill No. 136, can the defendant be sentenced to a term longer than provided for in the original agreement? (People v. Hernandez (2020) 55 Cal.App.5th 942, review granted 1/27/2021 (S265739/F080131).)

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

  • People v. Griffin (2020) 57 Cal.App.5th 1088, review granted 2/17/2021 (S266521/A159104)
  • People v. Atwell (Nov. 20, 2020, H047618) [nonpub. opn.], review granted 2/24/2021 (S266370)
  • People v. Edwards (Nov. 17, 2020, D076088) [nonpub. opn.], review granted 2/24/2021 (S266317)
  • People v. Joaquin (2020) 58 Cal.App.5th 173, review granted 2/24/2021 (S266594/A152786)

Updated: 2/24/2021

Return to: California Supreme Court Pending Issues.

 

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