P. v. Gutierrez CA5
Mario Gutierrez appeals from the denial of a petition for recall of sentence and resentencing under the Three Strikes Reform Act of 2012, also known as Proposition 36. The trial court deemed him ineligible for relief based on its finding that the underlying offense, battery against a custodial officer (Pen. Code, § 243.1), was committed with intent to cause great bodily injury. Gutierrez claims the trial court exceeded its authority because (1) inmates who seek resentencing under Proposition 36 have a Sixth Amendment right to a jury determination regarding the existence of disqualifying factual circumstances, and (2) the trial court impermissibly relied on hearsay by basing its findings on information contained in an appellate court opinion and/or a preliminary hearing transcript. The case law is against him on both issues. We therefore affirm the challenged order.
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