In Re Chavez
Opinion
Opinion
Premo, J.
The People appeal from an order of the superior court granting the petitions of Cheryl Ann Chavez and Gilbert Frank Chavez for writs of habeas corpus. Petitioners had been sentenced to prison in 1998 for, among other things, four counts of filing false tax returns. (Rev. & Tax. Code, § 19705.) At the time they were sentenced, section 19705 called for punishment in state prison for “not more than three years.” The trial court interpreted that language as calling for “indeterminate” sentencing and sentenced petitioners accordingly.
In 2001 the Legislature changed the sentencing language of section 19705 to read: “imprisoned in the state prison.” (Stats. 2001, ch. 854, § 65.5.) This revision made certain that the prescribed sentence would be interpreted as coming within the Determinate Sentencing Law (DSL). (Pen. Code, § 1170 et seq.) In the habeas corpus proceedings petitioners argued that the amended statute should be applied retroactively to them, presumably because it would reduce their punishment. The superior court issued the writ. For reasons we shall explain, we affirm.