Criminal
Aug. 27, 2026
One bad Cheerio shouldn't spoil the sentence
The Court of Appeal's decision in People v. Cruz improperly expands resentencing relief by eliminating enhancements based on conduct already admitted or proved, giving defendants an unwarranted sentencing windfall and undermining culpability-based punishment.
Mitchell Keiter
Keiter Appellate Law
424 S Beverly Dr
Beverly Hills , CA 90212-4402
Phone: (310) 553-8533
Fax: (310) 203-9853
Email: Mitchell.Keiter@gmail.com
UCLA Law School
Mitchell is a certified appellate specialist. He taught many outstanding students while a professor at Western State University College of Law.
What does a child do when a Cheerio falls from his cup onto the floor? A prudent child would throw it in the trash and continue eating the rest. Other children (including mine) would react with frustration by dumping the entire cup on the floor. (We felt lucky if this happened before the milk was poured.)
Unfortunately, the Court of Appeal has been emulating the latter response. More than once, where a new law supported retroactive reconsideration...
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