People v. Amaya
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
RAMIREZ, P. J.
In 2008, defendant Albert Amaya was found guilty of attempted extortion; two strike priors were found true, and defendant was sentenced, under the “Three Strikes” law as it then stood, to 25 years to life in prison. A gang allegation was also found true, but it had no effect on the total sentence, and it was not reflected in the abstract of judgment.
In 2013, defendant petitioned for resentencing under Proposition 36. Because of the gang finding, he was not actually eligible for resentencing. Nevertheless, the prosecutor, defense counsel, and even the clerk all mistakenly…
2Cases cited14 opinions
- People v. FosselmanCalifornia Supreme Court · 1983
- People v. MitchellCalifornia Supreme Court · 2001
- People v. SerratoCalifornia Supreme Court · 1973
- People v. KaramanCalifornia Supreme Court · 1992
- In Re CandelarioCalifornia Supreme Court · 1970
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. AntolinCalifornia Court of Appeal · 2017
- People v. Roth, California Court of Appeal, 5th District2017
- People v. Castanedo CA4/1California Court of Appeal · 2021
- People v. KingCalifornia Court of Appeal · 2022
- People v. Magee CA5California Court of Appeal · 2020
4 more not listed; retrieve them via the Exa API.