People v. Hendrix
Annotate this CaseThe Court of Appeal affirmed defendant's conviction and sentence for first degree burglary. The court held that, although the trial court erred when instructing the jury on mistake of fact, the instructional error was harmless because there is no reasonable probability defendant would have obtained a more favorable result had it not been made. The court also held that the trial court did not abuse its discretion by using defendant's July 2017 conviction as a first strike and as a five-year prior serious felony conviction for purposes of sentencing. Finally, the court held that defendant's 10 year sentence did not violate federal and state constitutional prohibitions against cruel and unusual punishment. In this case, given defendant's status as a recidivist whose offenses are growing more serious, the sentence imposed does not shock the conscience or offend fundamental notions of human dignity.
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