Hot out of the First District today. Stamps does not apply to SB 136… meaning that if someone would otherwise be eligible to have his 667.5(b) priors stricken under SB 136, they must be stricken irrespective of if they were imposed as part of a plea bargain. I sort of assumed that because of Stamps (which analyzed SB 1393), people who pled and then later argued that the 667.5(b)s needed to be stricken would get, at best, a remand to let them w/draw or renegotiate their pleas. Take nothing for granted in this work. This is HUGE. People v. France (Dec. 15, 2020) A158609.
Published by Jenny Brandt
About Me: sociology, african american studies, chicano/a studies, critical race studies, and criminal law scholar. public school kid from kindergarten-J.D. Former public defender. I am a post-conviction guru. Appeals. Sentencing. Withdraw Pleas. Habeas. Published author in the Criminal Law Bulletin and California Defender. "I do it for the joy it brings, because I'm a joyful girl, because the world owes me nothing, and we owe each other the world." Why I started JJC: My PD buddy suggested it. What and who JJC is inspired by: public defenders I have worked for, with, and next to. my clients who have battled things no one should and are still here. innocence and guilt and everything in between. My coworkers, who fight just as hard as the PDs I love, for many of the same reasons. My husband who was once voted "most Christ like" (every Jewish girl's dream). My Corgi who loves everyone. The constitution. Tabloids. My mom, for giving me a voice. My dad, for teaching me what to say. My brother, for teaching me how to say it. View more posts