Does Section 667.5, subdivision (b) of the California Penal Code apply retroactively to appellant?
California, United States of America
The following excerpt is from People v. Clark, F074394 (Cal. App. 2020):
Section 667.5, subdivision (b), as amended, applies retroactively to appellant, because the amended statute leads to a reduced sentence. (See People v. Brown (2012) 54 Cal.4th 314, 323-324; In re Estrada (1965) 63 Cal.2d 740, 745, 748 [for a nonfinal conviction, "where the amendatory statute mitigates punishment and there is no saving clause, the rule is that the amendment will operate retroactively so that the lighter punishment is imposed"].)
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