People v. Estrada

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To find that an inmate was armed with a firearm during the commission of the inmate’s challenged third strike offense under the Three Strikes law, a court reviewing a Three Strikes Reform Act of 2012 (the Act) recall petition may rely on facts underlying counts dismissed pursuant to the inmate’s plea agreement, so long as those facts establish that the defendant was armed during his offense of conviction. In this case, Petitioner petitioned to recall his sentence under the Act. The trial court denied the petition, finding that Petitioner was armed with a firearm during the commission of his third offense qualifying as a strike under the Three Strikes law. In making this finding, the trial court reviewed the transcript of the 1996 preliminary hearing held before Petitioner pleaded guilty. The court of appeal affirmed the denial of the petition. The Supreme Court affirmed, holding that the trial court did not err in determining that Petitioner was armed with a firearm during the commission of his grand theft from a person offense. View "People v. Estrada" on Justia Law

Posted in: Criminal Law

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