P. v. Mesa
This case arises from a violent street fight between rival gang members. Defendant pleaded no contest to assault with a deadly weapon and admitted great bodily injury and gang-related enhancements. A year earlier, defendant entered pleas to separate charges of assault with a deadly weapon, with a gang enhancement, and possession of brass knuckles. Defendant was sentenced to a total term of 17 years 8 months imprisonment. On appeal, defendant argues a new sentencing hearing is required because the trial court denied probation based on an erroneous belief that he was presumptively ineligible. Court agreed and remanded the case for resentencing.
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