P. v. Martin CA2/2
A jury convicted Jaime Martin (“defendant”) of criminal threats and assault by means likely to achieve great bodily injury. Applying the Three Strikes law (Pen. Code, §§ 1170.12, subds. (b)-(j), 667, subds. (a)-(d)) , the trial court sentenced defendant to concurrent prison sentences of 30 years to life for each crime. On appeal, defendant argues that (1) the trial court abused its discretion in denying his motion to dismiss his two prior “strikes,” (2) his resulting 30-year sentences constitute cruel and unusual punishment, and (3) he is entitled to remand for a new sentencing hearing pursuant to recently enacted Senate Bill 1393 that grants trial courts the discretion to dismiss prior “serious” felony allegations. Only the last claim has merit. Because we are unable to say that there is “no reasonable possibility” that the trial court would decline to exercise its newfound sentencing discretion, we vacate the judgment and remand for a new sentencing hearing.
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