In what circumstances will a determinate sentence law retroactively apply to a defendant who was previously sentenced under the old law?
California, United States of America
The following excerpt is from People v. Warren, 179 Cal.App.3d 676, 224 Cal.Rptr. 746 (Cal. App. 1986):
In Way v. Superior Court (1977) 74 Cal.App.3d 165, 141 Cal.Rptr. 383, the court upheld the retroactive provisions of the determinate sentence law against a separation of powers attack even though some defendants previously sentenced under the old law might receive a lesser punishment. In so doing the court reasoned:
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