Legal Question in Criminal Law in California

Re: prison enhancements

It is not clear whether the Cunningham decision applies retroactively. Depending upon how long ago your friend was sentenced, the decision might not entitle him to any relief.

More importantly, it isn't clear that Cunningham applies to sentences which the defendant accepted as part of a plea bargain. A defendant who accepts such a bargain waives a jury, and thus cannot complain that any part of his sentence was decided by the judge. Further, a plea bargain usually involves the defendant admitting to the factual basis for the conviction and for the enhancements to which he is subjected.

I would thus need to know quite a bit more about the case before I could say whether your friend may have a viable claim for relief.

Assuming that Cunningham can help your friend and that it is too late to make the issue part of an appeal, he will need to petition for a writ of habeas corpus.

You and/or your friend should feel free to contact me about his situation.