California Court of Appeal

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People v. Jernigan, B253467

The trial court erred in denying defendant's motion to recall his two concurrent 25-year-to-life sentences pursuant to the Three Strikes Reform Act of 2012, where: 1) defendant's prior attempted forcible oral copulation serious felony conviction did not bar him from seeking resentencing because "sexually violent offense" as statutorily defined does not include an attempt to commit any of the listed sexual offenses; and 2) upon remittitur issuance, the trial court must exercise its discretion and determine whether defendant, if released, poses an unreasonable risk of danger to the public, and if he does, his petition must be denied.

Appellate Information

  • Decided 07/10/2014
  • Published 07/10/2014

Judges

  • TURNER

Court

  • California Court of Appeal

Counsel