State high court to review mandatory sentence minimums law

The state Supreme Court will weigh in on a new law limiting the mandatory sentencing minimums for felons with prior convictions.

In its Wednesday conference, the high court granted review for two cases dealing with Senate Bill 1393 that had different outcomes at the appellate level. The bill, signed by Gov. Jerry Brown last September and enacted Jan. 1, empowers trial judges to strike prior serious felony convictions that require a five-year enhancement.

The two cases under review, People v. Kelly, S255145 and People v. Stamps, S255843, both deal with defendants seeking to have their sentences reduced by the lower court under the law. In People v. Kelly, the 2nd District Court of Appeal dismissed the appeal because the appellant failed to obtain a certificate of probable cause, a sworn statement showing non-frivolous issues challenging Kelly's May 2018 guilty plea.

The 1st District Court of Appeal relied on an exception to the certificate of probable cause requirement because "the ordinary rule does not apply when the challenge is based on a retroactive change in the law." Richard B. Lennon of the California Appellate Project represents Gloria N. Kelly. William Stamps is being represented by James S. Donnelly-Saalfield from the First District Appellate Project.

-- Paula Lehman-Ewing