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At the Lectern

Prop. 47 opinion filing Monday

July 27, 2018

On Monday morning, the Supreme Court will file its opinion in the consolidated cases of People v. Buycks, People v. Valenzuela, and In re Guiomar.  (Briefs here; oral argument video here.)  The cases were argued almost five months ago, on the large March calendar, but there’s no 90-day problem because the court ordered post-argument supplemental briefing that wasn’t completed until the middle of last month.

As we were saying about the prevalence of Proposition 47 cases . . .

The consolidated cases raise a similar issue (as stated in Buycks) — Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47?  (First District, Division Five, Court of Appeal Justice Terence Bruiniers is the pro tem.)

The opinion can be viewed Monday starting at 10:00 a.m.

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