SB 1393: Resentencing in the Interests of Justice

The Fair and Just Sentencing Reform Act SB 1393 amends the (formerly) mandatory 5-year enhancement per each prior felony on a person’s record, when that person is being sentenced in a new felony case. The additional 5 year penalties, sometimes referred to as “Nickel Priors”, were often stacked with other mandatory enhancements, causing long punishments disproportionate to the circumstances of the current case. This reform was passed because the mandatory enhancement system was inflexible and unfair. Judges now have the discretion to determine whether or not to apply these enhancements in sentencing, as they are no longer automatic. 

SB 1393 is not retroactive, meaning it does not affect finalized cases in which judgements were passed before January 2019. However, if the case has not been appealed or finalized, it may be possible to recall the case for resentencing. During resentencing the Judge does have the power in SB 1393 to remove these enhancements, so long as your lawyer is able to present that it would be in the “interest of justice” to do so. While there is no formal process to achieve this outcome, the Appellate Attorney Specialists at The Law Offices of Beles and Beles have the experience and skills to navigate this complicated system and argue the enhancements off your case.

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