Legal Opinion
People v. Brimmer
California Court of Appeal
Decided October 16, 2014No. E058563PublishedCited by 38 opinions
1Opinion of the Court
Opinion
RAMIREZ, P. J.
This is an appeal by the People following the trial court’s order granting defendant and respondent Jerry Carl Brimmer’s petition to recall defendant’s sentence under the Three Strikes Reform Act of 2012, added by Proposition 36 (the Act). (Pen. Code, § 1170.126.) On appeal, the People contend that the trial court erred in finding defendant eligible for resentencing under the Act because during the commission of the offense, defendant used and was armed with a firearm. For the reasons explained below, we will reverse the trial court’s order.
I
FACTUAL AND PROCEDURAL…
2Cases cited40 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Alleyne v. United StatesSupreme Court of the United States · 2013
- United States v. GaudinSupreme Court of the United States · 1995
35 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- People v. PerezCalifornia Supreme Court · 2018
- People v. ChubbuckCalifornia Court of Appeal · 2014
- People v. ArevaloCalifornia Court of Appeal · 2016
- People v. Cruz, California Court of Appeal, 5th District2017
- People v. DobsonCalifornia Court of Appeal · 2016
33 more not listed; retrieve them via the Exa API.