California Court of Appeal

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People v. Perez, 069020

In a petition for recall of sentence, under the Three Strikes Reform Act, for conviction of assault with force likely to produce great bodily harm, Penal Code section 245(a)(1), the trial court's grant of the petition is reversed where: 1) an inmate is armed with a deadly weapon within the meaning of clause (iii) of subparagraph (C) of paragraph (2) of subdivision (e) of section 667 and clause (iii) of subparagraph (C) of paragraph (2) of subdivision (c) of section 1170.12 when he or she personally and intentionally uses a vehicle in a manner likely to produce great bodily injury; and thus 2) defendant is ineligible for resentencing pursuant to section 1170.126(c)(2).

Appellate Information

  • Decided
  • Published 2016/09/30

Judges

  • DETJEN

Court

  • California Court of Appeal

Counsel