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SB 483 Opens Door to Strike Firearm & Prior Felony Enhancements

People v. Monroe Docket: A164777 (First Appellate District), Opinion Date: November 16, 2022. In 2005, based on convictions for residential robbery and false imprisonment by violence, Monroe was sentenced to a 376-month prison term, which included three firearm enhancements totaling 152 months, three one-year prior prison term enhancements, and a five-year prior serious felony enhancement. In 2020, Monroe sought relief under 2017 legislation (S.B. 620, Stats. 2017, ch. 682, 1 & 2) granting the trial court discretion to strike the firearm enhancements. When 2021 legislation (S.B. 483 (Stats. 2021, ch. 728, 3), provided for resentencing to strike the one-year prior term enhancements, Monroe filed a second petition seeking relief under that statute as well. The trial court resentenced Monroe, striking the three one-year enhancements, but concluded it was without jurisdiction to strike the firearm enhancements. The court of appeal reversed. The Attorney General conceded that Monroe is eligible for relief with respect to the firearm enhancements, but not with respect to the five-year prior serious felony enhancement. S.B. 1393 (Stats. 2018, ch. 1013, 1–2), which took effect in 2019, granted trial courts discretion to strike five-year serious felony enhancements The court concluded that Monroe is eligible for relief with respect to both the firearm enhancements and the prior serious felony enhancement.


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