PEOPLE v. KIMBLE (2023)

The petition for review is granted. The matter is transferred to the Court of Appeal, Third Appellate District, with directions to vacate its decision and reconsider the cause in light of the Attorney General's concession that defendant was entitled to resentencing under the revised penalty provisions of the Three Strikes Reform Act. (Cal. Rules of Court, rule 8.528(d).)

The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal filed July 14, 2023, which appears at 93 Cal.App.5th 582, 311 Cal.Rptr.3d 167. (Cal. Const., art. VI, § 14; Cal. Rules of Court, rule 8.1125(c)(2).) (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 3.)

Votes: Guerrero, C.J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.