People v. Perez

FRANSON, J.,

Dissenting.—The People appeal the trial court’s order granting defendant Alfredo Perez, Jr.’s petition to recall his sentence, contending Perez was armed with and used a deadly weapon during the commission of an assault. The majority agrees and reverses the trial court’s order granting defendant’s petition. Based on the trial court’s underlying factual findings and determination, I respectfully dissent and would affirm.

Factual and Procedural Background

The following summary of facts pertinent to this appeal come from the appellate opinion affirming Perez’s current conviction, which…