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Remand To Strike One-Year Prison Prior

People v. Ruggerio Court: California Courts of Appeal, Docket: B305655 (Second Appellate District), Opinion Date: June 25, 2021. The Court of Appeal vacated the trial court's order denying defendant's motion to strike the one-year prior prison term enhancement from his state prison sentence. Defendant contends the court should have granted his motion because Senate Bill No. 136 applies retroactively to cases, like his, that are not yet final. The court concluded that a judgment imposing but suspending execution of a sentence is not final for purposes of S.B. 136 retroactivity where, as here, a defendant "may still timely obtain direct review of [the] order revoking probation and causing the state prison sentence to take effect." The court remanded with directions to strike the enhancement from defendant's sentence.

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