P. v. Cole CA2/7
Booker Timothy Cole petitioned for recall of sentence under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126) (Proposition 36) and The Safe Neighborhoods and Schools Act (§ 1170.18) (Proposition 47). The superior court denied Cole’s petitions, finding beyond a reasonable doubt that Cole had suffered a prior juvenile adjudication for murder in 1975 that made him ineligible for relief under both propositions. On appeal Cole contends the court erred in considering facts outside the limited record of his juvenile adjudication to determine his eligibility for relief under Proposition 36. Alternatively, he requests we remand the matter to allow him to present evidence of his eligibility at a new Proposition 47 hearing. We affirm.
Comments on P. v. Cole CA2/7