California Court of Appeal

Denial of defendant's petition for resentencing of his term of 25-to-life, pursuant to Penal Code section 1170.126(b), is affirmed, where, although the prosecution never pleaded and proved that defendant intended to cause great bodily injury during the commission of the solicitation offense (which would render defendant ineligible for resentencing under section 1170.126(b)), there is no applicable pleading and proof requirement as to the disqualification factors referenced in section 1170.126(e)(2).

Appellate Information

• Decided 11/18/2014
• Published 11/18/2014

Judges

• Bamattre-Manoukian

Court

• California Court of Appeal

Counsel