People v. Cabrera
California Court of Appeal, 5th District
1Opinion of the CourtDuarte, J.
*472Defendant Miguel Angel Cabrera is currently serving a three strikes sentence for assault with force likely to produce great *375bodily injury *473(GBI) and battery with serious bodily injury (SBI). He appeals from the trial court's denial of his Penal Code section 1170.126 petition for resentencing.1 Defendant contends the trial court erred in declining to vacate the original sentencing court's finding that his current convictions (for assault and battery) were serious felonies, which he argues would have paved the way to his eligibility for resentencing.
As we will explain, the serious felony…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Boykin v. AlabamaSupreme Court of the United States · 1969
- United States v. CottonSupreme Court of the United States · 2002
- Washington v. RecuencoSupreme Court of the United States · 2006
- People v. ScottCalifornia Supreme Court · 1994
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3Cited by8 opinions
- People v. Littlefield, California Court of Appeal, 5th District2018
- In re CabreraCalifornia Supreme Court · 2023
- In re Jackson CA4/2California Court of Appeal · 2020
- People v. AndersonCalifornia Court of Appeal · 2023
- People v. DozierCalifornia Court of Appeal · 2025
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