State v. Limoli
Annotate this CaseAt issue in this case was the effect of H.B. 86 on a defendant who was convicted of possession of crack cocaine prior to its effective date but who was not sentenced until after its effective date. In practice, the enactment of H.B. 86 decreased the penalties for possession of crack cocaine. After a sentencing hearing conducted two weeks after H.B. 86’s effective date Defendant in this case was sentenced in accordance with the sentencing law in existence at the time she entered a plea of no contest to possessing crack cocaine. The court of appeals reversed, concluding that Defendant was entitled to the benefit of a decreased sentence. The Supreme Court affirmed, holding that defendants who were convicted of possession of crack cocaine prior to the effective date H.B. 86 but were not sentenced until after that date must be sentenced under the provisions of H.B. 86.
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