California Court of Appeal

The trial court's order denying defendant's petition for recall of his sentence pursuant to Penal Code section 1170.126, the Three Strikes Reform Act of 2012, is affirmed, where: 1) a denial of a petition to recall a sentence pursuant to Penal Code section 1170.126 is appealable as a post-judgment order affecting the substantial rights of the party; but 2) defendant is ineligible for resentencing because his commitment offense, first degree burglary, is a serious felony.

Appellate Information

• Decided 05/28/2013
• Published 05/28/2013

Judges

• MALLANO

Court

• California Court of Appeal

Counsel