P. v. Elerick CA6
In December 2006, defendant Gary Russell Elerick pleaded no contest to second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) and admitted that he had nine prior convictions that qualified as strikes (§§ 667, subds. (b)-(i), 1170.12) and five prior serious felony convictions (§ 667, subd. (a)). In March 2007, defendant was sentenced to an indeterminate term of 28 years to life consecutive to a 25-year determinate term.
In October 2014, defendant filed a petition for writ of habeas corpus alleging that one of the prior serious felony convictions should not have been used to enhance his sentence because it had previously been found invalid. The trial court issued an order to show cause and appointed counsel for defendant. Defendant subsequently moved to replace appointed counsel and, separately, moved to represent himself. The trial court denied both of those motions, but it granted habeas relief and resentenced defendant to a term of 25 years to life consecutive to a de
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