Does the case law at the time of your taking a plea outweigh the new case law? My fiance took a plea in October while one law was in effect and ultimately, the law had changed due to new case law before his sentencing and he was sentenced under the current law. Shouldn't he be sentenced under the law at the time of his plea, which was the basis for his accepting the plea agreement in the first place? Is there any case law I can reference out there regarding this?
Sentence exposure attached at the time the crime was committed not at plea or sentencing. Whatever penalty was in place when the crime was committed is the penalty range that applies. Laws that apply to sentencing attach at the time of sentencing such as good time calculations and parole statutes.
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