P. v. Braziel CA2/7
Homer Ray Braziel appealed from an order denying his petition for recall of his sentence under the three strikes law pursuant to Penal Code section 1170.126, part of Proposition 36, the Three Strikes Reform Act of 2012. We deemed his notice of appeal a petition for writ of mandate, issued an order to show cause why we should not order the trial court to vacate its order denying the petition, and then denied the petition. The Supreme Court granted review and transferred the matter to this court for reconsideration in light of People v. Johnson (2015) 61 Cal.4th 674 (Johnson), which held that section 1170.126 “requires an inmate’s eligibility for resentencing to be evaluated on a count-by-count basis” and that “an inmate may obtain resentencing with respect to a Three Strikes sentence imposed for a felony that is neither serious nor violent, despite the fact that the inmate remains subject to a third strike sentence of 25 years to life.” (Johnson, at p. 688.) We reversed t
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