California Court of Appeal

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People v. Esparza, 040625

In a habeas corpus motion for resentencing under the Three Strikes Reform Act of 2012, Proposition 36, which created a post conviction release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies, the court denial of the recall and resentencing petition is reversed where: 1) trial counsel was ineffective in failing to call as a witness a prison expert to testify in support of his Proposition 36 resentencing petition; and 2) the trial court's finding in his 1997 case that his priors were strikes violated his constitutional right to due process.

Appellate Information

  • Decided
  • Published 2015/11/25

Judges

  • ELIA

Court

  • California Court of Appeal

Counsel