Does a Section 6 amendment to the Penal Code retroactively retroactively apply?
California, United States of America
The following excerpt is from People v. Rowe, C085815 (Cal. App. 2019):
The same inference of retroactivity applies when an amendment ameliorates the possible punishment. (People v. Superior Court (Lara) (2018) 4 Cal.5th 299, 308.) When a statutory amendment " 'vests in the trial court discretion to impose either the same penalty as under the former law or a lesser penalty,' " there is "an inference that the
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