P. v. Gladden CA4/2
In 2007, defendant, Giovanni Tirey Gladden, was convicted of felony drunk driving causing bodily injury (Veh. Code, § 23153, subd. (a)), driving with a blood alcohol level of 0.08 percent or more, and hit and run with injury. He was sentenced under the Three Strikes law to concurrent terms of 25 years to life, with concurrent determinate terms for felony hit and run (Veh. Code, § 20001, subd. (a)) and misdemeanor driving on a suspended license (Veh. Code, § 14601, subd. (a)). Upon passage of Proposition 36, defendant petitioned to have his Three Strikes sentence recalled, pursuant to Penal Code section 1170.126. That petition was denied upon the court’s finding that because of his alcoholism, defendant posed an unreasonable risk of danger to public safety, and defendant appealed.
Comments on P. v. Gladden CA4/2