My husband was sentenced 38 years including 20 years enhancement in 2001. Will SB 1393 with him?
2 attorney answers
SB1393 won't help your husband although I'm sure all his fellow inmates think it will.
San Diego County Criminal Defense. 20+ years experience. Put my experience to work for you!
No, it won't. SB 1393 only allows the sentencing judge to strike certain enhancements at sentencing. If your husband was recently sentence, and he still had an appeal pending, the case could be sent back to the original court for the judge to consider striking the enhancements. Unfortunately, since your husband was sentenced 17 years ago, any appeals were over a long time ago.
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