Is an inmate eligible for resentencing under section 1170.126 of the California Criminal Code if he or she has a prior conviction for a similar offence?
California, United States of America
The following excerpt is from People v. Carothers, 13 Cal.App.5th 459, 220 Cal.Rptr.3d 672 (Cal. App. 2017):
Section 1170.126, subdivision (e)(3), provides that "an inmate is not eligible for resentencing if he or she has a prior conviction for any offense appearing in section 667, subdivision (e)(2)(C)(iv), or section 1170.12, subdivision (c)(2)(C)(iv)." ( People v. Thurston , supra , 244 Cal.App.4th at pp. 655656, 198 Cal.Rptr.3d 585, italics omitted.)
[220 Cal.Rptr.3d 675]
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