SB 81: Game Changer for dismissing enhancements

This is such a topsy turvey that shit larry david style bill. SB81 basically makes it way tougher for judges to justify denying a motion to strike an enhancement. enhancements fuck our clients. 10 yr consecutive gang enhancement. (Currently) 10/ 20 / 25 yr consecutive gun enhancement. Nickel five year consecutive enhancements for a serious/violent felony prior on an already doubled second strike sentence for the same priory.

β€œThe bill would create a presumption that it is in the furtherance of justice to dismiss an enhancement in specified circumstances. The bill would state that this presumption is only overcome upon a showing by clear and convincing evidence that dismissal of the enhancement would endanger public safety.”

Omg I cant like amazing. Flipside, judges can still submitted submitted denied that. But at least this makes it tougher. Makes it easier for us to argue they erred when they did that. Makes the system marginally better one step at a time till we chisel the rocks of injustice so much so we tear it down. Hopeful it’ll pass.


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.

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