California v. Guilford
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Defendant Michael Guilford appealed an order denying his petition to recall his sentence under the Three Strikes Reform Act of 2012. The Act sets forth a mechanism for relief for some existing three strikes inmates, creating a two-step process: (1) the trial court determines whether a defendant is qualified or disqualified from seeking a recall of sentence; (2) if and only if a defendant is found to be qualified, the trial court conducts a hearing, and then applies certain standards to determine whether the defendant’s sentence should be lessened. This appeal involved only the first step. Defendant contended: (1) the trial court improperly considered our prior opinion on direct appeal from defendant’s convictions in finding him ineligible for resentencing under the Act; (2) the Court of Appeal's prior opinion did not show he was ineligible under the Act; and (3) he was entitled to have a jury determine his eligibility under the Act. The Court of Appeal affirmed the trial court’s order finding defendant ineligible for resentencing under the Act.
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