Determinate Sentencing Overturned--Rehearings Possible Statewide

The United States Supreme Court Monday struck down California's determinate sentencing law, opening the way for thousands of petitions for resentencing. In Cunningham v. California 07 C.D.O.S. the high court ruled that sentencing enhancements decided by judges are properly the province of the jury. Under current law, an offense carries three possible sentences, the judge being obligated to make the middle choice unless he or she finds mitigating or aggravating factors. The Supremes held that finding whether those factors exist is up to the jury not the judge.

It is unclear whether the decision will be retroactively implemented. Regardless, it seems that thousand of those previously convicted may be now able to file for resentencing hearings before a jury. See your lawyer or call KLG at 415-753-1889 for help.