P. v. Lua CA6
Defendant Gustavo Lua challenges the superior court’s denial of his Penal Code section 1170.18 petition. The superior court ruled that he was ineligible for resentencing of his conviction for possession of stolen property (§ 496) because he had suffered a “Three Strikes” conviction for which he was serving a life sentence. We recently rejected the superior court’s rationale in People v. Hernandez (2017) 10 Cal.App.5th 192 (Hernandez). Consequently, we reverse the superior court’s order and remand for the court to reconsider defendant’s petition.
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