People v. Esquivias
CourtCalifornia Supreme Court
Date FiledAugust 17, 2026
DocketS286371
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF
CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
MIGUEL ALBERTO ESQUIVIAS,
Defendant and Appellant.
S286371
Second Appellate District, Division Two
B329800
Los Angeles County Superior Court
PA077370
August 17, 2026
Justice Groban authored the opinion of the Court, in which
Chief Justice Guerrero and Justices Corrigan, Kruger, and
Gooding* concurred.
Justice Evans filed a dissenting opinion, in which Justice Liu
concurred.
*
Associate Justice of the Court of Appeal, Fourth Appellate
District, Division Three, assigned by the Chief Justice pursuant
to article VI, section 6 of the California Constitution.
PEOPLE v. ESQUIVIAS
S286371
Opinion of the Court by Groban, J.
A habeas corpus proceeding is equitable in nature, and a
court “has broad authority to craft a remedy ‘as the justice of the
case may require.’ ” (In re Palmer (2021) 10 Cal.5th 959, 976
(Palmer), quoting Pen. Code,1 § 1484.) Petitioner Miguel
Alberto Esquivias filed a petition for writ of habeas corpus in the
Los Angeles County Superior Court alleging only that he was
entitled to relief from his firearm enhancements under Senate
Bill No. 620 (2017–2018 Reg. Sess.) (Senate Bill No. 620) (Stats.
2017, ch. 682), which granted trial courts discretion to strike
these previously mandatory enhancements. The superior court
ultimately granted relief on that sole claim by striking
petitioner’s firearm enhancements. On appeal, petitioner
argued that the superior court’s habeas corpus remedy, affecting
one aspect of his sentence, entitled him to reconsideration of his
entire sentence with the benefit of all relevant ameliorative
laws. The Court of Appeal disagreed, explaining that a grant of
habeas corpus relief is not an “ ‘all-or-nothing’ proposition” and
“a trial court is not obligated to revisit a defendant’s entire
sentence on habeas corpus review merely because it grants
review to revisit a portion of that sentence.” (People v. Esquivias
(2024) 103 Cal.App.5th 969, 976 (Esquivias).) We affirm the
Court of Appeal’s decision. Since a full resentencing was neither
1
Subsequent section numbers refer to the Penal Code
unless otherwise specified.
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Opinion of the Court by Groban, J.
constitutionally nor statutorily compelled to remedy petitioner’s
specific claim for discretionary, retroactive sentencing relief
pursuant to Senate Bill No. 620, the habeas corpus court had
broad equitable authority to conclude that “the justice of the
case” only required striking petitioner’s firearm enhancements.
(§ 1484.) Habeas corpus petitions must be assessed on a case-
by-case basis, and this is not a case where petitioner’s original
sentence was constitutionally infirm or unauthorized.
I. FACTUAL AND PROCEDURAL HISTORY
In June 2013, petitioner fatally shot a rival gang member
several times. Approximately two weeks after the killing,
petitioner and his friend robbed two people at gunpoint. During
the robbery, petitioner asked one of the victims for his gang
affiliation.
In May 2015, a jury convicted petitioner of first degree
murder (§ 187, subd. (a)), two counts of robbery (§ 211), and
possession of a firearm by a felon (§ 29800, subd. (a)(1)). The
jury found that the crimes, except the felon in possession count,
were committed for the benefit of a criminal street gang
(§ 186.22, subd. (b)), that a principal personally discharged a
firearm causing death in connection with the murder
(§ 12022.53, subds. (d), (e)), and that petitioner personally used
a firearm and a principal was armed in the commission of the
robberies (§§ 12022.5, subd. (a), 12022, subd. (a)). Petitioner
admitted that he had suffered a prior conviction that qualified
as a strike (§§ 667, subds. (b)–(j), 1170.12) and a prior serious
felony conviction (§ 667, subd. (a)).
The trial court sentenced petitioner to prison for 37 years
and 8 months, plus 75 years to life. As relevant, petitioner’s
firearm enhancements accounted for an indeterminate term of
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Opinion of the Court by Groban, J.
25 years to life, plus 13 years 4 months of his determinate
sentence.
On July 26, 2017, the Court of Appeal affirmed petitioner’s
judgment of conviction. We thereafter denied his petition for
review on November 1, 2017. Senate Bill No. 620 then became
effective after our decision to deny review but before petitioner’s
time to petition for a writ of certiorari in the United States
Supreme Court expired. As a result, the parties agree that
petitioner’s judgment was not final on direct review when
Senate Bill No. 620 took effect. Effective January 1, 2018,
Senate Bill No. 620 amended sections 12022.53 and 12022.5 to
provide trial courts, “in the interest of justice pursuant to
Section 1385,” the discretion to “strike or dismiss” previously
mandatory firearm enhancements. (Stats. 2017, ch. 682, §§ 1,
2; Pen. Code, §§ 12022.5, subd. (c), 12022.53, subd. (h).)
Petitioner’s judgment became final on January 30, 2018.2 (See
Esquivias, supra, 103 Cal.App.5th at p. 974.)
On January 24, 2022, almost four years after his criminal
judgment became final, petitioner, in propria persona, filed a
petition for writ of habeas corpus in the Los Angeles County
Superior Court seeking retroactive application of Senate Bill
No. 620 pursuant to Estrada. (See In re Estrada (1965)
2
Petitioner did not file a petition for writ of certiorari in the
United States Supreme Court, so his judgment became final 90
days after we denied his petition for review. (See People v.
Vieira (2005) 35 Cal.4th 264, 306.) Before the trial court, the
district attorney incorrectly calculated the date of finality as
February 27, 2018, and the superior court accepted this
concession. However, this miscalculation has no impact on the
analysis since it is undisputed that petitioner’s case was not
final on direct review when Senate Bill No. 620 took effect on
January 1, 2018.
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Opinion of the Court by Groban, J.
63 Cal.2d 740, 745, 747 (Estrada) [holding that, absent a
contrary savings clause, ameliorative legislation is presumed to
“apply to every case to which it constitutionally could apply,” i.e.,
all cases not “reduced to final judgment”].) In their informal
response, the People (per the district attorney) conceded that
Senate Bill No. 620 applied to petitioner’s case because his
judgment was not final on appeal when it became effective. In
a supplemental response, the People asserted that the superior
court should not exercise its discretion to strike or dismiss
petitioner’s firearm enhancements because “the interests of
justice would not be served by doing so in this particular case.”
In his reply, petitioner asked the court to favorably exercise its
discretion under Senate Bill No. 620. He also raised for the first
time a request for the court to dismiss his prior strike conviction
(see People v. Superior Court (Romero) (1996) 13 Cal.4th 497
(Romero)). He additionally asked that the court dismiss his
other enhancements, including his gang enhancements after
applying Assembly Bill No. 333 (2021–2022 Reg. Sess.)
(Assembly Bill No. 333) (Stats. 2021, ch. 699, § 4, eff. Jan. 1,
2022), which became effective after his case was final on direct
review.
On February 24, 2023, at a hearing in petitioner’s habeas
corpus matter, the superior court explained that the parties
agreed petitioner had made a prima facie showing that he was
entitled to relief, i.e., petitioner was entitled to an opportunity
for the trial court to consider exercising its discretion to strike
his firearm enhancements under Senate Bill No. 620. At a
subsequent hearing in March 2023, the superior court first
explained that petitioner’s habeas corpus petition sought
“specific relief” under Senate Bill No. 620. The court rejected
petitioner’s argument that he was entitled to a full resentencing
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Opinion of the Court by Groban, J.
with the benefit of all ameliorative laws “that have been enacted
into law up to today’s date.” The court observed that petitioner’s
case was final in 2018 and “limit[ed] this particular habeas
petition’s scope to whether or not to exercise” discretion under
Senate Bill No. 620. The court struck petitioner’s firearm
enhancements, thereby reducing his sentence by 38 years and
four months. The court rejected petitioner’s claim that he was
entitled to full resentencing, which he argued should have
resulted in the reduction of his sentence by over 40 more years.
The court explained that any further reduction in petitioner’s
sentence would “undermine the intentions of how I exercise this
discretion today.”
Petitioner appealed, arguing again that, when the
superior court exercised its discretion under Senate Bill No. 620
to strike his firearm enhancements, he was entitled to full
resentencing with the benefit of all ameliorative laws that took
effect after his judgment became final on direct review,
including Assembly Bill No. 333 and Senate Bill No. 1393 (2017–
2018 Reg. Sess.) (Senate Bill No. 1393). In relevant part,
“Assembly Bill [No.] 333 [effective January 1, 2022] amended
Penal Code section 186.22 by imposing new substantive
requirements relating to gang enhancements . . . .” (People v.
Burgos (2024) 16 Cal.5th 1, 7.) Senate Bill No. 1393, effective
January 1, 2019 (Stats. 2018, ch. 1013), expanded a court’s
discretion to dismiss a serious felony enhancement in
furtherance of justice. The Court of Appeal disagreed with
petitioner, holding that the habeas corpus court could strike
petitioner’s firearm enhancements without rendering the
remainder of petitioner’s sentence subject to reconsideration.
(See Esquivias, supra, 103 Cal.App.5th at p. 980.) We granted
review. In People v. Duenas (2025) 111 Cal.App.5th 553, review
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Opinion of the Court by Groban, J.
granted July 30, 2025, S291631 (Duenas), a divided Court of
Appeal subsequently disagreed with Esquivias’s relevant
reasoning, concluding instead that when a habeas corpus court
strikes part of a sentence, it is “required to conduct a full
resentencing” (Duenas, at p. 560) with the benefit of all
intervening ameliorative laws. (See id. at p. 563.)
We affirm the Court of Appeal’s decision below and
disapprove Duenas’s broad proposition that a habeas corpus
petitioner is always entitled to full resentencing whenever a
habeas corpus court grants relief as to a portion of a petitioner’s
sentence. While some habeas corpus claims may require
vacating a petitioner’s entire sentence (see People v. Padilla
(2022) 13 Cal.5th 152 (Padilla) [discussed post]), petitioner’s
claim for retroactive relief under Senate Bill No. 620’s statutory
amendments did not. When presented with a meritorious
habeas corpus claim, the court necessarily assesses the
appropriate remedy on a case-by-case basis.
II. DISCUSSION
“The court will determine the appropriate disposition of a
petition for writ of habeas corpus based on the allegations of the
petition as originally filed and any amended or supplemental
petition for which leave to file has been granted.” (In re Clark
(1993) 5 Cal.4th 750, 781, fn. 16.) It is “improper to state new
claims or theories for the first time in the informal reply or
traverse.” (In re Reno (2012) 55 Cal.4th 428, 444 (Reno).)
Applying these accepted pleading principles here, petitioner
admits the superior court was initially required only to consider
“the sole issue raised” in his habeas corpus petition, i.e., whether
he was entitled to seek relief from his firearm enhancements
under Senate Bill No. 620.
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Opinion of the Court by Groban, J.
Where the parties disagree is on the question of what is
required when a habeas corpus court determines partial
resentencing is an appropriate remedy for the specific claim
before it. According to petitioner, “because a criminal sentence
constitutes an integrated whole,” once the superior court
decided to strike his firearm enhancements, it “effectively
vacated [petitioner’s] entire sentence, which rendered the
sentence nonfinal” for purposes of applying all applicable
ameliorative laws. In petitioner’s view, which is echoed by the
dissent, the court could have maintained finality by leaving his
sentence intact, but its exercise of discretion with respect to part
of his sentence triggered entitlement to full resentencing with
Estrada’s presumption of retroactivity. (See Estrada, supra,
63 Cal.2d at pp. 745, 747; see also dis. opn. of Evans, J., post, at
pp. 8–10.) Petitioner alleges that his judgment was reopened
and he is thus entitled to the benefit of all ameliorative laws,
including Assembly Bill No. 333 and Senate Bill No. 1393, which
became effective after his criminal judgment was final on direct
review in January 2018.
The People instead argue that the question of “whether a
judgment becomes nonfinal on habeas corpus will depend on the
particular remedy fashioned by the court.” The People concede
that, if a particular claim requires vacating a petitioner’s entire
sentence, “then the judgment is nonfinal and the petitioner is
entitled to full resentencing.” However, “not all habeas
remedies operate in a way that makes a once-final judgment
nonfinal.”
We reject petitioner’s and the dissent’s sweeping
proposition that, in all cases, any habeas corpus remedy
affecting part of a petitioner’s sentence requires the habeas
corpus court to conduct a full resentencing. “The applicable
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Opinion of the Court by Groban, J.
procedure [in a habeas corpus matter] generally has depended
upon the nature of the relief sought in the petition.” (In re
Roberts (2005) 36 Cal.4th 575, 583, italics omitted.) The Court
of Appeal below properly concluded that petitioner’s claim for
habeas corpus relief under Senate Bill No. 620’s statutory
amendments did not leave the habeas corpus court with an “ ‘all-
or-nothing’ ” choice, thereby requiring the court to resentence
petitioner in full or not at all. (Esquivias, supra,
103 Cal.App.5th at p. 976.) Rather, “habeas corpus is, at its
core, an equitable remedy.” (Schlup v. Delo (1995) 513 U.S 298,
319.) Under well-established habeas corpus principles, “[a]
court considering a petition for writ of habeas corpus has broad
authority to craft a remedy ‘as the justice of the case may
require.’ ” (Palmer, supra, 10 Cal.5th at p. 976, quoting § 1484.)
“ ‘[I]t is well settled that the writ of habeas corpus does not
afford an all-inclusive remedy available at all times as a matter
of right.’ ” (People v. Villa (2009) 45 Cal.4th 1063, 1068–1069;
cf. Reno, supra, 55 Cal.4th at p. 451 [“ ‘ “the availability of the
writ properly must be tempered by the necessity of giving due
consideration to the interest of the public in the orderly and
reasonably prompt implementation of its laws and to the
important public interest in the finality of judgments” ’ ”].) It
may well be that the equities of a particular case require the
habeas corpus court to vacate a petitioner’s entire sentence and
conduct a full resentencing, applying all relevant ameliorative
laws, but that will not always be the case. Rather, a court’s
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Opinion of the Court by Groban, J.
determination of the most appropriate equitable remedy in a
habeas corpus matter is a case- and fact-specific inquiry.3
Our dissenting colleagues would have us employ a one-
size-fits-all approach that is at odds with the traditional
flexibility afforded to habeas corpus courts to meet the demands
of a particular case. The dissent criticizes the majority for not
citing a “single case” (dis. opn. of Evans, J., post, at p. 18) that is
directly on point. But this is occasioned by the fact, recognized
by the dissent and with which we agree, that the procedural
posture here is “rare and idiosyncratic.” (Id. at p. 25.) More to
the point, Estrada has been binding precedent for 60 years, and
habeas corpus relief has been available for much longer. If the
issue before us is as “straightforward” (id. at p. 5) as the dissent
suggests, thereby necessitating a simple application of the full
resentencing rule, then the dissent should be able to cite myriad
habeas corpus cases where full resentencing has occurred on
similar facts. But it cannot.
The dissent’s analysis suffers from one fatal flaw at its
inception. The dissent asserts that “the only way the superior
court could afford relief was to initiate a new sentencing
3
The dissent argues that our “bespoke rule has several
potential drawbacks if applied more generally to cases involving
partial sentencing relief after a grant of a habeas corpus
petition.” (Dis. opn. of Evans, J., post, at p. 4.) As an initial
matter, we do not understand why the dissent would try to
broaden the potential impact of a decision that it thinks is so
patently incorrect. But, more to the point, we mean what we
say: this case arises under a unique procedural history; our
holding should not be “applied more generally” given that
habeas corpus relief is claim specific; and our holding is (as the
Attorney General agrees) specific to petitioner’s state statutory
claim pursuant to Estrada.
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Opinion of the Court by Groban, J.
hearing” (dis. opn. of Evans, J., post, at p. 3) because habeas
corpus courts have no authority “to define the scope of a
sentencing court’s jurisdiction to conduct resentencing or to
determine the application of Estrada retroactivity” (id. at p. 5).
This is simply incorrect in the context of a petitioner who raised
a single habeas corpus claim for discretionary, statutory relief
under Estrada’s presumption of retroactivity to nonfinal
judgments from his concededly valid, final judgment. (See
Estrada, supra, 63 Cal.2d at pp. 745, 747.) But once the dissent
embraces this faulty premise, then all its conclusions seemingly
“fall into place:” this case requires a basic application of
Estrada; Estrada should be applied broadly; the full
resentencing rule requires that every aspect of petitioner’s
sentence be reconsidered. (See dis. opn. of Evans, J., post, at
pp. 1–2, 5–8.) This reasoning gets it wrong at the crucial first
step. Because petitioner’s judgment was final, absent a petition
for writ of habeas corpus in the superior court, petitioner had no
avenue to assert his claim for discretionary, retroactive
sentencing relief under Senate Bill No. 620 pursuant to Estrada.
If, as the dissent maintains, a habeas corpus court is unable to
assume jurisdiction and “determine the application of Estrada
retroactivity” (dis. opn., at p. 5), then petitioner’s Estrada claim
would have failed at the outset because it depended on just such
a determination. Nor is a habeas corpus court, having
determined that a remedy is warranted, obligated in the
situation presented here to reopen a sentence for all purposes
instead of ordering tailored relief. Our case law affords habeas
corpus courts greater flexibility than the dissent’s position
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Opinion of the Court by Groban, J.
would allow them.4 (See, e.g., Palmer, supra, 10 Cal.5th at
p. 976; In re Roberts, supra, 36 Cal.4th at p. 583.) Without
recognizing the fault in its underlying premise that the habeas
corpus court could not determine the appropriate scope of
sentencing relief and Estrada’s application, the dissent asks us
to adopt an ever-shifting formulation of finality under Estrada
for purposes of this case: (1) a petitioner seeks habeas corpus
relief under Estrada only because his judgment is already final
and he cannot be aided on direct appeal; then (2) after the
habeas corpus court exercises its discretion to aid petitioner
post-finality; (3) a pivot to a new finality date for Estrada (which
now is after the time he asserted his case was final for purposes
of (1)). Contrary to the dissent’s circular logic, and for reasons
explained in greater detail below, our holding better honors
Estrada’s presumption that “new laws that lessen punishment
4
As noted, habeas corpus proceedings are equitable in
nature. The high court has “said that courts of equity ‘must be
governed by rules and precedents no less than the courts of law.’
. . . [But] often the ‘exercise of a court’s equity powers . . . must
be made on a case-by-case basis.’ ” (Holland v. Florida (2010)
560 U.S. 631, 649–650, citation omitted.) The high court has
“followed a tradition in which courts of equity have sought to
‘relieve hardships which, from time to time, arise from a hard
and fast adherence’ to more absolute legal rules, which, if
strictly applied, threaten the ‘evils of archaic rigidity.’ ” (Id. at
p. 650.) We, too, recognize that habeas corpus courts should
“exercise judgment in light of prior precedent, but with
awareness of the fact that specific circumstances, often hard to
predict in advance, could warrant special treatment in an
appropriate case.” (Ibid.) This is such an “appropriate case” and
the habeas corpus court was not limited to a rigid, all-or-nothing
choice between providing no relief to petitioner or fully
resentencing him.
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Opinion of the Court by Groban, J.
apply retroactively to all defendants whose judgments are not
final” (dis. opn. of Evans, J., post, at p. 1), better preserves
society’s interest in the finality of judgments (see Reno, supra,
55 Cal.4th at p. 451), and best maintains a habeas corpus court’s
traditional flexibility to fashion relief as the justice of a
particular case may require (see Palmer, at p. 976).
The dissent also criticizes our case-specific affirmance of
the habeas corpus court’s tailored grant of relief as “significantly
more complicated” (dis. opn. of Evans, J., post, at p. 3) than the
dissent’s “easy-to-apply” approach. (Id. at p. 5.) We disagree
with the premise that our framework is more complicated. But
even accepting the dissent’s view, our job is to interpret the law
as dictated by precedent and statute, even if that interpretation
requires a more “complicated” approach. We are also more
confident than our dissenting colleagues in the ability of our
lower courts to understand and apply our holding going forward.
(See id. at pp. 21–23.) Moreover, it is certainly the case that the
dissent’s proposed interpretation may inure to petitioner’s
benefit in this individual matter. But its one-size-fits-all
approach to sentencing steals from the habeas corpus court,
sitting in equity, the opportunity to fashion tailored relief on a
case-by-case basis as justice requires. We think it ill advised to
sacrifice equity for simplicity.
In support of their contrary position, petitioner and the
dissent rely on our decisions in Padilla, supra, 13 Cal.5th 152
and People v. Lopez (2025) 17 Cal.5th 388 (Lopez). Those cases
are readily distinguishable.
The dissent posits that “[t]he case that most clearly
articulates the governing principles of finality here” and “the
proper application of Estrada” is Padilla. (Dis. opn. of Evans,
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Opinion of the Court by Groban, J.
J., post, at p. 8.) The dissent boldly states that Padilla stands
for the broad proposition that, “[s]imply put, habeas corpus
relief resulting in a modification of sentence renders a case
nonfinal.” (Dis. opn. of Evans, J., post, at p. 9.) But Padilla did
not consider whether a habeas corpus court that credits a
delayed claim for statutory relief under Estrada must fully
resentence the petitioner. (See B.B. v. County of Los Angeles
(2020) 10 Cal.5th 1, 11 [“As we have repeatedly observed,
‘ “cases are not authority for propositions not considered” ’ ”].)
In fact, Padilla actually lends support to our conclusion here
that, on different facts, the remedy for the specific habeas corpus
claim pled and proven will necessitate vacating the petitioner’s
sentence and thereby unwinding its finality for purposes of
applying intervening ameliorative laws. The Padilla petitioner,
who had been sentenced to life without the possibility of parole
as a juvenile, came before our court on appeal after his original
sentence was deemed unconstitutional and vacated in habeas
corpus proceedings. (See Padilla, supra, 13 Cal.5th at p. 159;
see also Miller v. Alabama (2012) 567 U.S. 460 [holding that
mandatory life without parole sentences for juvenile offenders
violate the 8th Amend.], Montgomery v. Louisiana (2016)
577 U.S. 190, 208 [concluding that “Miller announced a
substantive rule of constitutional law” that is retroactive in
cases on collateral review].) This court in Padilla explained that
“a criminal judgment’s finality may be interrupted by a
subsequent habeas corpus action . . . . When a habeas corpus
court vacates a prior judgment and orders a new trial or new
sentencing hearing, the prior judgment — now ineffective — can
no longer be a final one [for purposes of Estrada’s inference of
retroactivity for ameliorative laws].” (Padilla, supra, 13 Cal.5th
at p. 164, italics added.) In discussing why the retroactive
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application of ameliorative laws was appropriate in Padilla, we
emphasized, “[w]hen a defendant’s sentence has been vacated,
the parties’ interests in repose and finality are necessarily
diminished; at that point, the countervailing interest in
effectuating current legislative policy decisions may
appropriately control.” (Id. at p. 168, italics added.) The same
cannot be said here. As the dissent concedes, “[t]o be sure,
Esquivias’s case was final.” (Dis. opn. of Evans, J., post, at p. 9.)
Petitioner’s sole claim in his habeas corpus petition was that
though his case was long-since final, he was nonetheless entitled
to relief because his case was not final when Senate Bill No. 620
became effective. In other words, petitioner’s habeas corpus
action reinforced that his criminal judgment was final on direct
review in 2018 and the parties’ interest in finality was in no way
diminished by petitioner’s limited Estrada claim or the remedy
ultimately granted to redress his claim. On these facts, it cannot
be said, as the dissent would have us say, that finality was
“ ‘interrupted.’ ” (Dis. opn. of Evans, J., post, at p. 9.) It is the
dissent who, in fact, “completely ignores” (id. at p. 10) the
distinct procedural posture in Padilla.
Because the Padilla petitioner’s original sentence was
unconstitutional, “the justice of the case” (§ 1484) necessitated
that it be vacated and, as the Attorney General concedes, “[i]n
that event,” his judgment rightly “returned to nonfinal status,”
interrupting finality. As the Court of Appeal explained, “[i]n
Padilla, the question was the effect of an earlier order on a
habeas corpus petition that had already vacated the defendant’s
entire sentence (Padilla, supra, 13 Cal.5th at p. 158); here, the
question is whether a court is required to vacate the entire
sentence in the first place.” (Esquivias, supra¸ 103 Cal.App.5th
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at p. 979.)5 The answer to that question in this matter is “no.”
After imposition of petitioner’s sentence, Senate Bill No. 620
simply expanded the trial court’s discretion to strike firearm
enhancements to his potential benefit. (Cf. People v. Stamps
(2020) 9 Cal.5th 685, 696 [the appellant’s claim for relief
pursuant to Estrada under ameliorative legislation conferring
greater discretion to trial courts to strike serious felony
enhancements did “not constitute an attack on the validity of his
plea because the claim does not challenge his plea as defective
when made”].) Petitioner acknowledges that his original
sentence was constitutional and did not need to be vacated by
admitting that the superior court could have completely
declined to exercise its discretion under Senate Bill No. 620 and
left his original sentence undisturbed. And we are not
persuaded by petitioner’s circular logic, which is echoed by
Amici Curiae the California Public Defenders Association and
the California Attorneys for Criminal Justice, as well as our
dissenting colleagues, that the superior court’s choice to exercise
its discretion under Senate Bill No. 620 to strike the firearm
enhancements, in turn, required the court to “reconsider the
sentence as a whole” as though it had been vacated. Instead,
the superior court could conclude “the justice of the case”
5
Contrary to the dissent’s logic, this is not about whether
the “magic word ‘vacate’ ” was uttered by the trial court. (Dis.
opn. of Evans, J., post, at p. 4.) Instead, it is in recognition that
Padilla arose in a completely different context, i.e., in light of
binding United States Supreme Court precedent regarding the
sentencing of juveniles — the sentence that was imposed in
Padilla of life without the possibility of parole as a juvenile was
unconstitutional in toto.
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Opinion of the Court by Groban, J.
(§ 1484) required a more targeted approach to remedy
petitioner’s claim pursuant to Senate Bill No. 620.
Petitioner’s and the dissent’s reliance on our decision in
Lopez, supra, 17 Cal.5th 388 for the sweeping proposition that
any modification to a sentence on habeas corpus “reopens the
entire case” (dis. opn. of Evans, J., post, at p. 7) fares no better.
Petitioner and the dissent argue that Lopez’s reasoning supports
the view that the habeas corpus court could not divide
petitioner’s judgment for finality purposes. (See dis. opn. of
Evans, J., post, at pp. 2, 7, 13–14.) According to petitioner, the
Attorney General’s “insistence that every aspect of [his]
sentence other than the firearm enhancements remained final
sidesteps” Lopez’s articulation of “the Estrada inquiry, which
asks ‘whether the criminal prosecution or proceeding as a whole
is complete.’ ” But crucially, Lopez did not involve habeas corpus
proceedings collaterally attacking a final judgment. Rather, in
Lopez, on direct review, the Court of Appeal affirmed appellant
Oscar Lopez’s convictions, but remanded “to the trial court for
further sentencing.” (Lopez, at p. 393.) While awaiting
resentencing, Assembly Bill No. 333 took effect. (Lopez, at
p. 394.) However, the trial court declined to apply its provisions
to Lopez’s case “on the ground that [Lopez’s] conviction was
final” for Estrada purposes. (Ibid.) We rejected this premise
under our well-established precedent, explaining that “[a] case
is final when ‘the courts can no longer provide a remedy to a
defendant on direct review.’ [Citation.] For Estrada purposes,
the ‘judgment’ means the ‘ “judgment of conviction” ’ and the
sentence.” (Id. at p. 395, last italics added.) “Because Estrada
requires ameliorative legislation to be applied as broadly as
constitutionally permissible, and because Lopez’s judgment was
not reduced to a final disposition, his case [wa]s not final for
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purposes of Estrada.” (Id. at p. 400.) Lopez was therefore
“entitled to retroactive application of Assembly Bill [No.] 333’s
substantive changes.” (Ibid.) We observed in closing, “It would
tax judicial resources to require defendants like Lopez to take a
second appeal to secure a second remand to the superior court
in order to obtain any relief to which they may be entitled.”
(Ibid., italics added.)
Here, unlike the ongoing direct appeal in Lopez (the more
typical procedural posture for an Estrada claim) that prevented
Lopez’s judgment from being reduced to a final disposition,
petitioner conceded in his habeas corpus petition that his
criminal judgment had been final on direct review for nearly
four years, i.e., the remittitur had issued and “ ‘the courts [could]
no longer provide a remedy to [petitioner] on direct review.’ ”
(Lopez, supra, 17 Cal.5th at p. 395.) As we have said, “[a]
habeas corpus proceeding is” “an independent, collateral
challenge to an earlier, completed criminal prosecution.” (Maas
v. Superior Court (2016) 1 Cal.5th 962, 975, italics added.) “[A]
petition for a writ of habeas corpus seeks to collaterally attack a
presumptively final criminal judgment . . . .” (People v. Duvall
(1995) 9 Cal.4th 464, 474.) Where petitioner admitted his
judgment was reduced to a final and authorized disposition in
2018, the habeas corpus court could conclude that petitioner was
not automatically entitled to the benefit of all ameliorative
legislation that was enacted after that valid 2018 finality date.
This situation is wholly distinct from Lopez, where ameliorative
legislation became effective while the appeal was still pending
on direct review. (Cf. In re Cook (2019) 7 Cal.5th 439, 452
[explaining that “resort to habeas corpus” was unnecessary
because the petitioner had “a plain, speedy, and adequate
remedy at law”].) For these reasons, petitioner’s and the
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dissent’s reliance on Lopez’s statements about Estrada’s
application to nonfinal criminal judgments do not answer the
distinct question presented in this habeas corpus matter.
Nor do we read In re Cortez (1971) 6 Cal.3d 78 (Cortez) as
requiring a different habeas corpus procedure here, as the
dissent would have us do. (See dis. opn. of Evans, J., post, at
pp. 10–11.) In Cortez, similar to Padilla, the habeas corpus
petitioner sought retroactive relief following our decision in
People v. Tenorio (1970) 3 Cal.3d 89 (Tenorio), in which we
invalidated as unconstitutional a statute preventing the
sentencing court from striking prior narcotics convictions
without the approval of the district attorney. We held that if the
habeas corpus court decided to strike a prior conviction, it
should vacate the sentence. (Id. at p. 89.) But, as stated, unlike
in Cortez, petitioner was not originally sentenced under any
unconstitutional statute. Rather, he belatedly sought only the
retroactive benefit of Senate Bill No. 620 pursuant to Estrada’s
logic (because his judgment was not final until January 30,
2018). We see no inconsistency between our limited holding
here and our holding in Cortez, both of which provide procedures
well-suited to “the nature of the relief sought in the petition.”
(In re Roberts, supra, 36 Cal.4th at p. 583.)
If anything, Cortez, supra, 6 Cal.3d 78 contradicts the
dissent’s stance that the habeas corpus court “had no authority”
to strike petitioner’s firearm enhancements (dis. opn. of Evans,
J., post, at p. 3). Petitioner’s counsel and the dissent express
concern that habeas corpus courts, or “nonsentencing courts”
(id. at p. 16), especially appellate habeas corpus courts, are ill-
equipped to make resentencing decisions. (See id. at pp. 14–23.)
But Cortez makes clear (see Cortez, at p. 88) that habeas corpus
claims like petitioner’s should always originate in the superior
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court that rendered judgment and “[t]he superior court that
rendered the judgment is best equipped to consider the claim in
the first instance, to hold an evidentiary hearing when
necessary, and to grant relief if appropriate.” (Robinson v. Lewis
(2020) 9 Cal.5th 883, 895, italics added; see also ibid. [“A higher
court ‘has discretion to deny without prejudice a habeas corpus
petition that was not filed first in a proper lower court’ ”].) As
the dissent points out, “in Cortez, we emphasized that the
sentencing court was the appropriate jurisdiction for resolving
the habeas claim and the potential resentencing ‘since the
sentencing court has the files which are necessary’ to adjudicate
the claim. (Cortez, supra, 6 Cal.3d at p. 88, fn. 9.)” (Dis. opn. of
Evans, J., post, at p. 22.) The additional cases relied on by the
dissent only reinforce this principle. (See id. at pp. 11, 26, citing
People v. Belmontes (1983) 34 Cal.3d 335, 348, fn. 8 (Belmontes)
[a habeas corpus petition alleging “a court may have been
influenced by an erroneous understanding of the scope of its
sentencing powers” should “be filed in the sentencing court”];
Romero, supra, 13 Cal.4th at p. 530, fn. 13 [a habeas corpus
petition seeking retroactive discretionary relief under our
holding should be filed in the sentencing court].) For this
reason, the dissent’s concerns about habeas corpus courts
making uninformed sentencing decisions, lacking an
appropriate record, or “ceding California sentencing authority to
federal courts” (dis. opn. of Evans, J., post, at p. 21) are
misplaced.6 Petitioner correctly presented his claim for
6
The dissent does not quarrel with, nor could it, the well-
accepted proposition that habeas corpus claims like petitioner’s
should always originate in the superior court that rendered
judgment. (See dis. opn. of Evans, J., post, at p. 21.) Instead,
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Opinion of the Court by Groban, J.
discretionary sentencing relief pursuant to Estrada and Senate
Bill No. 620 in the “superior court that rendered the judgment.”
(Robinson, at p. 895.) In Cortez, after identifying the superior
court as the proper habeas corpus venue, we directed the habeas
corpus court to both determine whether to strike the prior
convictions at issue and, if the court did so, to resentence the
petitioner. (Cortez, at p. 89.) The same result was appropriate
here.7
the dissent posits various hypotheticals not presented here. For
example, the dissent asserts that petitioner “might have argued
. . . that his appellate counsel was ineffective” and thereby could
have transformed his claim into a federal constitutional claim.
(Ibid.) But petitioner did not raise any such claim. This case
concerns only state courts applying state law. Nothing in this
opinion addresses the division of authority between state courts
and a federal habeas corpus court that grants relief to a state
prisoner. (See 28 U.S.C. § 2254; Gunn v. Ignacio (9th Cir. 2001)
263 F.3d 965, 971 [“we do not constrain the state’s
determination of how to formulate the relief.”].) The dissent’s
hypothetical argument about a distinct type of claim not raised
here has no bearing on our analysis.
7
While we directed the habeas corpus courts in Cortez to
“vacate th