California Court of Appeal

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People v. Machado, B249557

The trial court's order denying defendant's petition for resentencing under the Three Strikes Reform Act of 2012 with respect to one of the two 1998 commitment offenses for which he received consecutive third-strike terms of 25 years to life, is reversed and remanded, where: 1) the trial court erred by deeming defendant ineligible for resentencing on his second degree burglary count because of his conviction of a serious, violent felony along with the non-serious, nonviolent second degree burglary count; and 2) the trial court retains full discretion pursuant to Penal Code section 1170.126, subdivisions (f) and (g), and it may consider all relevant factors, including defendant's first degree burglary conviction, in exercising its discretion.

Appellate Information

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

Judges

  • MILLER

Court

  • California Court of Appeal

Counsel