Legal Opinion
Cherry v. Superior Court of Los Angeles Cty.
California Court of Appeal
Decided February 7, 2001No. B144293PublishedCited by 7 opinions
1Opinion of the Court
Opinion
CURRY,
In our earlier opinion (People v. Cherry (Mar. 7, 2000, B128324) [nonpub. opn.]), this court found the evidence insufficient to support the trial court’s finding that Charles Darnell Cherry had suffered a prior serious felony conviction for assault (Pen. Code, § 245, subd. (a)(1))1 which qualified as a strike under the “Three Strikes” law (§§ 667, subds. (b) -(i), 1170.12, subds. (a)-(d)). We reversed the sentence and remanded the matter with directions to the trial court to conduct a retrial of the nature of that prior allegation2 and for resentencing and recalculation of…
2Cases cited11 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Monge v. CaliforniaSupreme Court of the United States · 1998
- People v. RowlandCalifornia Supreme Court · 1992
- People v. McPetersCalifornia Supreme Court · 1992
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3Cited by7 opinions
- People v. BarraganCalifornia Supreme Court · 2004
- People v. FielderCalifornia Court of Appeal · 2004
- People v. QuartermanCalifornia Court of Appeal · 2012
- Thompson v. Superior CourtCalifornia Court of Appeal · 2001
- Chamberlain v. PlilerDistrict Court, C.D. California · 2004
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