California, United States of America
The following excerpt is from People v. Padilla, B257408 (Cal. App. 2015):
As appellant acknowledges, the case authority interpreting the three strikes resentencing statute ( 1170.126) provides guidance regarding his contentions. Under that statute, a defendant sentenced as a three strike offender may petition for recall of the sentence and for resentence, but is subject to eligibility criteria for which the statute sets forth no determination procedure or standard of proof. ( 1170.126, subd. (e).) Numerous decisions interpreting that provision have concluded that when certain eligibility facts have not been resolved by the verdicts or special findings rendered at trial, the trial court may independently examine the record of conviction in order to make determinations regarding those facts. (People v. Hicks (2014) 231 Cal.App.4th 275, 286 (Hicks); People v. Brimmer (2014) 230 Cal.App.4th 782, 799-801; Bradford, supra, 227 Cal.App.4th at
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