California Court of Appeal

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People v. Lynn, 260407

In a petition for recall of sentence brought under Penal Code section 1170.126 by a Three-Strike sentenced prisoner, the trial court's denial of the petition is reversed where petitioner's conviction and sentence for second degree robbery, a serious and violent felony under the Three Strikes law, does not preclude his petition for recall as to his concurrent 25 years to life sentence for attempted grand theft person, which is not a serious and violent felony for the purposes of Three Strikes sentencing.

Appellate Information

  • Decided
  • Published 2015/11/23




  • California Court of Appeal