Jun 12, 2018

In 2017, CA law changed; "a judge may strike or dismiss a PC 12022.53 firearm enhancement if doing so would be "in the interest of justice"


This is the law the Judge will consider when ruling on the defense motion in the Jon Goldberg case about dismissing the 25 to life firearm enhancement.



"Penal Code 12022.53 PC adds to a felony sentence:

10 years in prison for "using" a gun,
20 years for firing a gun, or
25 years to life for killing or seriously injuring another person with a gun.
The enhancement is in addition to…and consecutive to…the sentence for the underlying felony conviction."

"Penal Code 12022.53 applies to 19 specific California serious felonies, as well as to other felonies "punishable by death or imprisonment in the state prison for life."

Up until recently, the 10-20-life sentencing enhancement was mandatory in California.

"But in 2017 the California Senate passed Senate Bill 620. Effective as of January 1, 2018, a judge may strike or dismiss a PC 12022.53 firearm enhancement if doing so would be "in the interest of justice." SB 620 made 10-20-life a matter of judicial discretion rather than a mandatory minimum. "

Read more at:

https://www.shouselaw.com/10-20-life.html

Related post:

a judge may strike or dismiss a PC 12022.53 firearm enhancement if doing so would be "in the interest of justice.

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