P. v. Cabrera

Defendant Miguel Cabrera was currently serving a three strikes sentence for assault with force likely to produce great bodily injury (GBI) and battery with serious bodily injury (SBI). He appealed the denial of his Penal Code section 1170.126 petition for resentencing, arguing the trial court erred in declining to vacate the original sentencing court’s finding that his current convictions (for assault and battery) were serious felonies, which he argued would have paved the way to his eligibility for resentencing. After review, the Court of Appeal determined the serious felony findings (made in 2008 by the sentencing court) were not subject to review by the trial court assigned to hear the section 1170.126 petition in 2015. Furthermore, the resulting classification, even if incorrect, would not constitute an unauthorized sentence. Accordingly, the Court affirmed the trial court’s order denying the petition. View "P. v. Cabrera" on Justia Law