Legal Opinion

People v. Perez

California Supreme Court

Decided May 7, 2018No. S238354PublishedCited by 80 opinions

1Opinion of the CourtLiu, J.

*1059 Under the Three Strikes Reform Act of 2012 (Proposition 36), an inmate who has been sentenced under the "Three Strikes" law for a nonserious, nonviolent felony may petition the trial court for resentencing. ( Pen. Code, § 1170.126, subd. (f), added by Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012); all statutory references are to the Penal Code.) Upon receiving such a petition, the trial court "shall determine whether the petitioner satisfies the criteria" as listed in the statute. ( Ibid. ) If the criteria are met, "the petitioner shall be resentenced ... unless the court, in…

2Cases cited23 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Alleyne v. United StatesSupreme Court of the United States · 2013
  4. Dillon v. United StatesSupreme Court of the United States · 2010
  5. Lucido v. Superior CourtCalifornia Supreme Court · 1990

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3Cited by80 opinions

  1. People v. GentileCalifornia Supreme Court · 2020
  2. People v. Anthony, California Court of Appeal, 5th District2019
  3. People v. AledamatCalifornia Supreme Court · 2019
  4. People v. Bipialaka, California Court of Appeal, 5th District2019
  5. People v. Stutelberg, California Court of Appeal, 5th District2018

75 more not listed; retrieve them via the Exa API.

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