California Court of Appeal

Reset A A Font size: Print

Lowe v. Superior Court (People), C073942

The trial court did not err in denying petitioner's petition for resentencing under the Three Strikes Reform Act of 2012, where: 1) prior dismissal of two counts of second degree murder and acquittal on one count of assault with a firearm did not preclude the trial court from deciding, with respect to the petition for resentencing, that defendant was armed with a firearm and intended to cause great bodily injury when he committed the felon-in-possession offense; 2) defendant’s petition for resentencing did not invoke a Sixth Amendment right to jury trial on whether he was armed with a firearm or intended to cause great bodily injury; and 3) the trial court's factual findings in response to the petition for resentencing did not implicate double jeopardy.

Appellate Information

  • Decided 07/25/2014
  • Published 07/25/2014

Judges

  • NICHOLSON

Court

  • California Court of Appeal

Counsel