People v. Chubbuck
Annotate this CaseChubbuck was convicted of solicitation to commit assault with a deadly weapon. The court found true two “strike” allegations (Penal Code 1170.12) and sentenced him to 25 years to life. The appeals court affirmed. In 2012, California voters approved Proposition 36. Before the “Three Strikes Reform Act,” a defendant previously convicted of two or more serious or violent felonies was subject to an indeterminate sentence of 25 years to life upon conviction of any new felony. The Act prospectively reserved such sentences for cases where the new offense is also a serious or violent felony, unless the prosecution pleads and proves an enumerated disqualifying factor. In other cases, a recidivist defendant will be sentenced as a second strike offender. A Three Strikes prisoner who is serving an indeterminate life sentence for a crime that was not a serious or violent felony, not otherwise disqualified, may be resentenced as a second strike offender, unless the court finds “unreasonable risk of danger to public safety.” The trial court denied Chubbuck’s petition, finding him ineligible for resentencing because he “intended to cause great bodily injury to another person.” The appeals court affirmed, finding that no pleading and proof requirement applies to the disqualification factors in section 1170.126 (e)(2)
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