People v. Denize
Annotate this CaseIn 1994, Denize intentionally ran his vehicle into a store employee while trying to escape after shoplifting. He had three prior serious felony convictions. Denize is serving two consecutive “Three Strikes” life sentences for 1996 convictions for grand theft (Pen. Code, 484, 487(a)) and assault with a deadly weapon (245(a)(1)) with a finding of personal use of a deadly weapon (1192.7(c)(23)). In 2013 he filed a petition under section 1170.126 seeking appointment of counsel and a finding that defendant was eligible for “possible resentencing.” The superior court denied the petition without appointing counsel, citing Denize’s third conviction was assault with a deadly weapon with the further allegation that defendant personally used a dangerous and deadly weapon in the commission of that offense (PC §245(a)(1)/667-1192.7). The court found him ineligible for resentencing because his current conviction was a serious felony as defined in Penal Code 1192.7[(c)](23). The court of appeal affirmed, finding that an inmate serving two Three Strikes life sentences, one for a serious offense and one for a nonserious offense, is not eligible for resentencing under section 1170.126.
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