Beaumont Texas
I have an 851 enhancement and I have been locked up for almost 16 years. One of my priors can be reduced to a misdemeanor because the law changed for that prior in California due to prop 47. Its a simple possession. I have 2 priors that they used against me to enhance me and give me a life sentence. I want to know if it is possible to get back in court and how to go about it once my prior is reduced to a misdemeanor. I have read other cases on 841S that say if at the time you were convicted on your charge it was a felony it doesn't matter if it changes later down the line. I need to know because if I am eligible for the reduction I can be looking at 20 years instead of life.
I have an 851 enhancement and I have been locked up for almost 16 years. One of my priors can be reduced to a misdemeanor because the law changed for that prior in California due to prop 47. Its a simple possession. I have 2 priors that they used against me to enhance me and give me a life sentence. I want to know if it is possible to get back in court and how to go about it once my prior is reduced to a misdemeanor. I have read other cases on 841S that say if at the time you were convicted on your charge it was a felony it doesn't matter if it changes later down the line. I need to know because if I am eligible for the reduction I can be looking at 20 years instead of life.
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