California v. Harris

In California v. Woods, 19 Cal.App.5th 1080 (2018), the Court of Appeal held that Senate Bill No. 620 (and the associated amendment to Penal Code Section 12022.53, effective January 1, 2018) applied retroactively to nonfinal cases. Defendant Colleen Ann Harris filed a motion to recall the remittitur to either permit briefing on the application of Senate Bill No. 620 and the amendment to section 12022.53 to her case, which was final almost a year before the statute’s effective date, or remand the case to the trial court to exercise its discretion as to whether to strike the firearm enhancement under the amendment. Noting that recalling a remittitur is an extraordinary remedy generally available in a limited number of instances, the Court found defendant relied on a narrow exception as announced by the California Supreme Court in California v. Mutch, 4 Cal.3d 389 (1971). The Court determined the narrow exception did not apply here. Accordingly, the Court denied the motion and held a motion to recall the remittitur was not the appropriate procedural vehicle through which to seek the requested relief in cases that are final and do not involve Mutch-type circumstances. View "California v. Harris" on Justia Law