Can a defendant appeal his sentence for first degree burglary under section 1170.126 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Anthony, E070519 (Cal. App. 2019):

In February 2013, defendant filed a petition in the trial court for recall of sentence under section 1170.126, also known as Proposition 36. The court found defendant ineligible for resentencing on either of the indeterminate life terms because one of them, the first degree burglary, was imposed for a serious and/or violent felony under section 1170.126, subdivision (e)(1). On appeal, this court affirmed the denial order. (People v. Anthony, supra, 230 Cal.App.4th at p. 1182.)

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