May 26, 2022 – People v. Padilla (Supreme Ct., S263375)

The Supreme Court holds that, when a collateral attack on a long final judgment via habeas petition results in a remand for resentencing, the judgment is rendered nonfinal for Estrada purposes, and the defendant is entitled to benefit from new ameliorative legislation found retroactive under Estrada.

Note: The court’s holding is likely applicable to most, if not all, scenarios where a sentence is vacated and a resentencing occurs.