P. v. Hidalgo CA2/5
In 2008, defendant pleaded no contest to two counts of robbery in violation of Penal Code section 211 and admitted that he personally used a firearm in violation of section 12022.53, subdivision (b) and that his crimes were committed for the benefit of or at the direction of a criminal street gang in violation of section 186.22, subdivision (b)(1)(B). He was sentenced to a total term of 17 years. In 2016, he filed a petition for resentencing pursuant to section 1170.18, subdivisions (b) and (g). The trial court denied that petition because a violation of section 211 is a felony not subject to reduction. The defendant filed a notice of appeal on January 23, 2017, challenging that denial and the validity of his plea.
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