Can a defendant be remanded in custody for the retroactive retroactive ameliorative effect of the amendment to the Criminal Code Amendment?
California, United States of America
The following excerpt is from People v. Taylor, C080968 (Cal. App. 2019):
The People agree that defendant is entitled to the retroactive ameliorative effect of the amendment but argue that remand would be futile. According to the People, given the trial court's reasoning in denying defendant's Romero motion (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), remand is unwarranted because there is no reason to believe that the trial court would exercise its newly granted discretion to strike the prior serious felony enhancement.
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