Court: you know what? Imma Prop. 36 you and you get CTS not life. DA: no objection. Prison: see ya.
One month later, DA: my bad, you aren’t eligible under prop. 36 because of a prior gang enhancement that everyone thought was stricken. Court: sorry back to prison-25 to life.
Court of appeal: no problem. Collateral estoppel argument: rejected.
There are so many bad cases that say an illegal sentence cannot stand even if it means D gets a harsher sentence.
I feel like this is a due process issue. I’m sure there is a case that says it isn’t. It’s just that when something is unfair you know the issue is due process because that’s the catch all constitutional principle when you say wtf?!
I feel so so bad for this guy.