Senate Bill 40 California - Example Case

In People v. Sandoval (2007) 41 Cal.4th 825, the Supreme Court stated that it was "arguable" whether the amendments to the DSL are procedural in nature and therefore applicable to any sentencing proceedings conducted after the effective date of the amendments. (Id. at p. 845.) However, instead of deciding this question, the Court invoked its own discretionary power to modify procedural laws to conform to constitutional principles and did so consistent with the terms enacted by Senate Bill 40. (Id. at pp. 845-846.) In so doing, the court found application of the procedural terms of Senate Bill 40 to resentencing procedures for crimes committed before its passage violates no principle of ex post facto protection. (Id. at p. 855.) It further found that application of those modified procedures to the defendant's crimes does not violate due process. (Id. at pp. 856-857.)