Legal Question in Criminal Law in California

Re: New law passed

You have been misinformed. There is no such law in California or in the federal system.

Whoever told you this may have been thinking of a recent U.S. Supreme Court decision which held that criminal sentences generally cannot be enhanced unless the facts justifying the enhancement have been proven beyond a reasonable doubt to the jury (or to the judge if the defendant waived a jury trial).

This decision is retroactive, but it does not put an end to the use of prior offenses in criminal trials; it simply changes the procedures for invoking them. It will, however, likely invalidate the sentencing enhancements that have been imposed on a very large number of convicted felons.

Re: New law passed

Mr. Hoffman is correct that there is a new Supreme Court case that requires that juries (and not judges) have to find that the defendant used the gun/possessed the 50 kilos/whatever "extra" fact enhances the defendant's sentence, and this is retroactive. For more information, see news.findlaw.com or supremecourtus.gov . Mr. Hoffman possibly does not know for sure whether there is a new California law on the subject you mentioned, because the California Legislature passes lots of laws every year. You might try searching California bills or California law at www.leginfo.ca.gov .