California Court of Appeal
Schinkel, Jr. v. Super. Ct., C073404
Petition for writ of mandate from an order denying defendant's petition for resentencing brought under the Three Strikes Reform Act is denied, where: 1) defendant is ineligible for resentencing because his conviction for solicitation of murder necessarily included the intent to cause great bodily injury; 2) the Three Strikes Reform Act excludes defendant's class of dangerous criminals from the benefit of resentencing; and 3) defendant is not entitle to a jury trial on eligibility for resentencing.
Appellate Information
- Decided 09/12/2014
- Published 09/12/2014
Judges
- Nicholson
Court
- California Court of Appeal