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, is affirmed, where: 1) for the purposes of section 1170.126's resentencing procedure, the determination of whether a defendant's current crime qualifies as a serious or violent felony must be based on whether the crime was so defined as of November 7, 2012, the Three Strikes Reform Act of 2012's effective date; and 2) accordingly, defendant's contention that he is eligible for resentencing under section 1170.126 lacks merit, because his current offense, attempting to dissuade a witness, is a serious felony.

Appellate Information

• Decided 05/23/2014
• Published 05/23/2014

Judges

• ALDRICH

Court

• California Court of Appeal

Counsel