California Court of Appeal

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People v. Hernandez, 043551

Denial of Proposition 47 petition for resentencing, Pen. Code section 1170.18(a), as to a 1997 conviction for petty theft with a specified prior conviction, former section 666, is reversed where defendant was not disqualified from resentencing under section 1170.18(i), because although defendant's robbery conviction was punished by an indeterminate life term under the Three Strikes law, robbery itself is not a serious and/or violent felony offense punishable in California by life imprisonment or death under section 667(e)(2)(C)(iv)(VIII).

Appellate Information

  • Decided
  • Published 2017/03/28

Judges

  • BAMATTRE-MANOUKIAN

Court

  • California Court of Appeal

Counsel