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Law that was passed AB 1618?

Discussion in 'Criminal Procedure, Criminal Court' started by Haley B, Dec 27, 2020.

  1. Haley B

    Haley B Law Topic Starter New Member

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    Hi guys, I’m new to this.

    I have a friend who was sentenced to 14 years for an armed robbery when he was 18 years old. He has been in there about 4 years already.
    Since he’s been in there, a newer law passed and he said he may be able to appeal his sentence?

    it is the AB 1618 law that was passed and I’ve attached a photo below..
    Can someone help me understand this & if this may be a possibility for him to appeal and how to go about this? Or even if the AB 1618 doesn’t help, is there anything else we can try to do?

    thank you

    Hi guys, I’m new to this.

    I have a friend who was sentenced to 14 years for an armed robbery when he was 18 years old. He has been in there about 4 years already.
    Since he’s been in there, a newer law passed and he said he may be able to appeal his sentence?

    it is the AB 1618 law that was passed and I’ve attached a photo below..
    Can someone help me understand this & if this may be a possibility for him to appeal and how to go about this? Or even if the AB 1618 doesn’t help, is there anything else we can try to do?

    thank you
     

    Attached Files:

  2. flyingron

    flyingron Well-Known Member

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    What makes you think that this law (which is properly 1016.8 PEN now) applies to him? Did he have a plea bargain that required him to waive future rights?
     
    justblue likes this.
  3. Haley B

    Haley B Law Topic Starter New Member

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    If he did have a plea bargain that required him to waive future rights, what would that mean?
    What would it mean if he didn’t..
     
  4. Zigner

    Zigner Well-Known Member

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    It means that he needs an attorney to review this.
     
  5. army judge

    army judge Super Moderator

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    It could imply many things, or it just might mean nothing, insofar as his case is concerned.
     
  6. flyingron

    flyingron Well-Known Member

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    Mostly it means that if the laws have changed since he got the plea bargain but the plea bargain banned him from availing himself of the change in the law, then that prohibition is probably invalid.
     
  7. zddoodah

    zddoodah Well-Known Member

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    There are two operative parts of PC 1016.8, which was enacted as a result of AB 1618:

    (a)(4) "A plea bargain that requires a defendant to generally waive unknown future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may occur after the date of the plea is not knowing and intelligent."

    (b) "A provision of a plea bargain that requires a defendant to generally waive future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may retroactively apply after the date of the plea is void as against public policy."

    What this means is that any provision in your friend's plea bargain that required him to waive benefits of hypothetical future changes in law is void. In other words, notwithstanding his waiver, he'll get the benefit of any future changes in the law. Do you or does he believe the law has changed in any way that would be beneficial to him?

    As noted above, unless there has been some change in the law subsequent to his sentencing that might be beneficial to your friend, PC 1016.8 is of no benefit to him. Even if there were some beneficial change, his recourse would not be to appeal because it's way too late to appeal. He would need to pursue some other form of post-conviction relief.

    We? This has nothing at all to do with you. All you can do is provide your friend with emotional and/or financial support. Frankly, you'd likely be well advised to distance yourself from someone who committed armed robbery at the age of 18.
     

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