California Court of Appeal

The trial court's denial of defendant's post-judgment petition seeking recall of his sentence and resentencing under the Three Strikes Reform Act of 2012, is vacated and remanded, where: 1) because defendant's petition for resentencing listed only non-disqualifying prior offenses (rape of an unconscious person), the District Attorney must be given an opportunity to demonstrate to the trial court that at least one of these prior offenses involved disqualifying conduct; 2) if the District Attorney purports to have done so, the defendant must be given an opportunity to demonstrate the District Attorney's analysis is incorrect and that the prior offenses are in fact not disqualifying; and 3) when making its ultimate ruling on this question, the trial court must specify the records it relied on and its reasons for concluding defendant's prior offenses were or were not disqualifying.

Appellate Information

• Decided 06/05/2014
• Published 06/05/2014

Judges

• KLEIN

Court

• California Court of Appeal

Counsel