A nice one 6th district; finality and retroactivity for transportation of some weed

Well isn’t this pretty. Sixth District (way to go Lori Quick of SDAP), held yesterday in Lopez, H046618, that if someone is on probation that means his case is not “final” for purposes of retroactivity of an ameliorative law…i.e. he gets the benefit of the new law. This one was for transportation of weed, conviction well before Prop. 47. but presumably this has to apply to everything new and pretty and that’s good in the crimlaw world. Love this.

“Does suspending execution of sentence to place a defendant on mandatory
supervision constitute a final judgment for purposes of retroactively applying an ameliorative statutory amendment? We conclude there is no final judgment in that situation because sentencing is not actually complete. In other words, a defendant who remains on mandatory supervision is not yet subject to a final judgment. As a result, defendant Gustavo Lopez is entitled to retroactive application of a statutory amendment that made transporting a controlled substance for personal use a misdemeanor. We will reverse the trial court’s decision to the contrary.”

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