California v. Sherman
Annotate this CaseDefendant-appellant Angelo Sherman petitioned for resentencing nearly 20 years after multiple convictions and receiving a sentence of 123 years to life for raping and sexually assaulting five different women, with a prior serious felony conviction for rape of an unconscious woman. He contended the trial court improperly found him ineligible for resentencing under Penal Code section 1170.91(b), because he adequately alleged that he suffered from a substance abuse problem related to his military service. The State contended Sherman was ineligible for resentencing under section 1170.91(c), which was added to the statute and made effective January 1, 2023, while this appeal was pending. Subdivision (c) stated that section 1170.91 did not apply to a person who has been convicted of a super-strike offense or an offense requiring registration as a sex offender. The Court of Appeal agreed that section 1170.91(c) applied to cases already pending when it became effective and made Sherman categorically ineligible for relief. Accordingly, the Court affirmed the judgment.
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