California Cunningham fix is now law

As detailed in this news article, “Gov. Arnold Schwarzenegger signed a bill Friday that was designed as a legislative fix to the state’s criminal sentencing law that was upended by a U.S. Supreme Court decision earlier this year declaring a key portion of it unconstitutional.”

I detailed in this recent post some of my litigation concerns with SB 40, which today became law, as a sound response to the Supreme Court’s Cunningham decision.  But David in the comments thoughtfully responded to many of my concerns.  Meanwhile, Jonathan Soglin at Criminal Appeal has this new post on the bill, which reminds me that the California Supreme Court has awhole bunch of cases in which it will be trying to assess the post-Cunningham fall-out.

To provide a summary, this is likely a good time for lawyers in California to get some exciting sentencing litigation experience.