ERROR

Lower Courts of Ninth Circuit

CAL POST CON " CAL CRIM DEF SENTENCE " LEGISLATION " AMENDMENT TO REDUCE SENTENCE CAN BE APPLIED RETROACTIVELY WHEREVER THE CONVICTION IS NOT YET FINAL
People v. Keith, 235 Cal.App.4th 983, ___, ___, 185 Cal.Rptr.3d 768 (2d Dist. Apr. 6, 2015) (statutory amendment which reduced punishment for possession of cocaine base for sale from maximum five years to maximum four years applied to defendant: We asked the parties to brief the question whether, under In re Estrada (1965) 63 Cal.2d 740, 745, 48 Cal.Rptr. 172, 408 P.2d 948, the reduced punishment for cocaine base possession for sale applies to Mr. Keith. The parties agree that it does. The 2014 amendment to Health and Safety Code section 11351.5 mitigates punishment, there is no savings clause and the judgment against Mr. Keith is not yet final. Therefore, the amended version of the statute applies to him. (In re Estrada, supra, 63 Cal.2d at p. 745, 48 Cal.Rptr. 172, 408 P.2d 948; People v. Hajek (2014) 58 Cal.4th 1144, 1195"1196, 171 Cal.Rptr.3d 234, 324 P.3d 88 [explaining Estrada analysis]; accord, People v. Nasalga (1996) 12 Cal.4th 784, 787, 789"798, 50 Cal.Rptr.2d 88, 910 P.2d 1380 [ 12022.6, subd. (b) enhancement].) Mr. Keith's sentence is reversed. Upon remittitur issuance, defendant is to be resentenced.).