California v. Brown
Annotate this CaseDefendant-appellant Willie Brown, a “Three Strikes” prisoner serving an indeterminate life sentence, appealed following the trial court’s order denying defendant’s petition to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36 (the Reform Act). On appeal, defendant argued: (1) a trial court has the authority to strike a disqualifying prior conviction allegation under Penal Code section 1385 and "California v. Superior Court" at a sentencing recall hearing brought under section 1170.126; and (2) because the trial court believed it did not have such authority, the matter should have been remanded. The Court of Appeal rejected defendant's contention, and affirmed.
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