California Court of Appeal

In a petition for resentencing under the Three Strikes Reform Act of a sentence and conviction for indecent exposure, Penal Code section 314.1, the denial of the petition is affirmed over defendant's meritless contentions that: 1) the trial court erred in failing to conduct a hearing and rule on his motion to strike one of his prior convictions on the ground that it was constitutionally invalid and in ruling it lacked authority to dismiss the prior conviction in the interests of justice; and 2) the court's implied finding that he was ineligible for resentencing due to a prior conviction under Penal Code section 288 violated his constitutional right to equal protection because a similarly situated defendant with a prior conviction for the more serious offense of violating Penal Code section 288.7 would be eligible for resentencing.

Appellate Information

• Published 2017/02/15

Judges

• KLINE

Court

• California Court of Appeal

Counsel