He sentencing for carjacking/robbery with a firearm they strike him with a second strike. So they sentenced him 18 for having a firearm 10 years enhacement and another 10 years enhancement total of 38 years.
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.
This answer is a general discussion of legal principles by a California lawyer. It does not create an attorney-client relationship. Free initial consultation applies only to individuals with current or potential criminal charges in Butte County, California and adjoining counties.
SB1393 won't help your husband although I'm sure all his fellow inmates think it will.
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