California Court of Appeal

Reversed an order denying a petition for resentencing. The defendant argued that in denying his petition to be resentenced under the Three Strikes Reform Act of 2012, the trial court erroneously concluded that he was armed with a firearm while committing his offense (evading a pursuing peace officer), when in fact the jury had found specifically that he was not armed. On appeal, the Second Appellate District agreed with the defendant and therefore reversed and remanded for further proceedings on his resentencing petition.

Appellate Information

• Published 2018/08/07

Judges

• Manella

Court

• California Court of Appeal

Counsel