People v. Newman

Opinion

BOREN, P.

Newman appeals from the postjudgment order denying his petition for recall of his sentence on his conviction for assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) 1 and for resentencing pursuant to section 1170.126, which was added by Proposition 36 (or Act). 2 He contends the court (Proposition 36 court) erred in determining he was ineligible for resentencing based on its finding he intended to inflict great bodily injury, because although the “court was permitted to examine the entire record of conviction, it could not rely on that…