P. v. Marshall CA2/6
David Marshall appeals a postjudgment order denying his Proposition 36 petition (Pen. Code, § 1170.126, subd. (b)) to recall his third-strike life sentences for attempted mayhem, assault with intent to commit mayhem, and assault by means likely to produce great bodily injury. Appellant contends, and the Attorney General agrees, that the petition makes a preliminary showing that appellant is serving a concurrent, life term for a non-serious felony, i.e., assault by means likely to produce great bodily injury. (See § 1170.126, subd. (e)(1); Couzens & Bigelow, Cal. Three Strikes Sentencing (The Rutter Group 2018) § 14:3, pp. 14-4 to 14-5.) We reverse and remand with directions.
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