California v. Garner
Annotate this CaseDefendant Donald Garner received a third strike sentence based on the commission of knowing receipt of stolen property. He unsuccessfully filed a Proposition 47 petition to reduce his conviction to a misdemeanor. However, the State advised the trial court that defendant was eligible for resentencing under Proposition 36, and conceded defendant posed no risk of danger to public safety, therefore he was entitled to resentencing under that act. The trial court granted defendant relief under Proposition 36, but resentenced him on all charges that had been pending against him including prior prison term enhancements, which purportedly had been stricken during the original sentencing proceeding in light of the third strike life sentence. On appeal, defendant argued the trial court, in recalculating his sentence, was limited to resentencing on the base offense, and could not impose any sentence for the previously stricken prison term enhancements. The Court of Appeal disagreed and affirm. However, the Court agreed with both parties that defendant was entitled to custody credits earned in prison prior to resentencing. The Court modified the judgment to award defendant the credits the parties agreed he had earned.
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