California Court of Appeal

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People v. Newman, 266704

Sentence for assault by means likely to produce great bodily injury and the trial court's postjudgment order denying defendant's petition for recall of sentence is affirmed. The Court concluded that the trial court was not foreclosed from making factual findings as to defendant's intent by a preponderance of the evidence when considering his eligibility for resentencing under Penal Code section 667(e)(2)(C)(iii) and section 1170.12(c)(2)(C)(iii).

Appellate Information

  • Decided
  • Published 2016/08/18

Judges

  • BOREN

Court

  • California Court of Appeal

Counsel