Constitutional Law
Mar. 11, 2025
Supervening ameliorative legislation applies to the constitutional maximum
The California Supreme Court ruled that defendants are entitled to retroactive application of ameliorative legislation, like Assembly Bill 333, when sentencing issues remain pending even if the conviction is affirmed.
Marshall Grasty
Associate, Horvitz & Levy LLP
Is a criminal defendant entitled to retroactive application of supervening ameliorative legislation after an appellate court affirms the underlying conviction but sentencing issues remain pending? The answer is yes.
Oscar Lopez and Sergio Vidrio stopped their car next to another car and asked the occupants of the other car where they were from. People v. Lopez, 17 Cal. 5th 388, 562 P.3d 17, 20 (2025). One of the occupants of the other car respond...
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