California Court of Appeal

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People v. Dunckhurst, C074341

The trial court's denial of defendant's petition to recall his 2005 sentence under the Three Strikes Reform Act of 2012, is affirmed, where: 1) the disqualifying "prior" conviction need only occur before the court decides whether the inmate is eligible for resentencing under the Act; and 2) the trial court did not err in finding defendant ineligible for recall of his sentence based on defendant's commission of a disqualifying offense in 2010, assault upon an inmate with a deadly weapon or force likely to cause great bodily injury, while in prison.

Appellate Information

  • Decided 05/30/2014
  • Published 05/30/2014

Judges

  • DUARTE

Court

  • California Court of Appeal

Counsel