P. v. Santos
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This case revolves around the appeal of Timothy Marvin Santos, who was originally sentenced in 2007 under California's Three Strikes law and other enhancement provisions. The appeal concerns a resentencing order issued in 2022, where the trial court struck Santos' prior prison term and drug conviction enhancements but maintained his sentence of 25 years to life under the original Three Strikes law.
Santos argued that the court did not apply the Three Strikes Reform Act of 2012 to reduce his sentence and that the resentencing was held without his presence, violating his federal and state constitutional rights. The People initially supported the trial court's decision but later changed their stance, suggesting that the court should have resentenced Santos under the current penalty provisions specified by the Reform Act.
However, the Court of Appeal of the State of California, Third Appellate District, disagreed with this assertion. The court held that the Reform Act's revised penalty provisions could not be retroactively applied to Santos' sentence outside of the specific mechanism provided for in the Act itself. The court further concluded that if the resentencing statute was interpreted to authorize retroactive application of the revised penalty provisions without adhering to the criteria in the Reform Act, it would unconstitutionally amend the initiative statute.
Concerning Santos' absence during resentencing, the court concluded that any error in accepting his counsel's waiver of his presence was harmless beyond a reasonable doubt. Santos could not have offered any help since he was not eligible for a reduction of his term under the Three Strikes law based on the resentencing statute. Consequently, his absence could not have influenced the proceeding's outcome. The court affirmed the judgment.
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