California v. Anthony
Annotate this CaseDefendant appealed a superior court’s order denying his petition for resentencing under the Three Strikes Reform Act of 2012. In 2000, a jury convicted defendant of first degree burglary and second degree burglary along with several other counts, and found true that he had two prior strike convictions. In 2001, the trial court sentenced defendant as a third-striker to 25 years to life for the first degree burglary and a consecutive term of 25 years to life for the second degree burglary, for a total indeterminate sentence of 50 years to life. On appeal, the Court of Appeal upheld defendant’s conviction and sentence but modified the judgment to reflect additional days of custody credits. In 2013, defendant filed a petition for recall of sentence, which the superior court denied, finding defendant ineligible for resentencing on either of the indeterminate life terms because one of them, for the first degree burglary, was imposed for a serious and/or violent felony. Finding no reversible error in the superior court's judgment, the Court of Appeal affirmed.
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