P. v. Grant CA2/5
In 2014, appellant Michael Grant was convicted of robbery. The trial court doubled his sentence under the Three Strikes law and added a five-year enhancement based on a prior conviction for first-degree burglary.
Five years later, in 2019, Grant moved to set aside his sentence as unauthorized. He argued the trial court had engaged in improper fact-finding when it found that his prior burglary conviction was in the first degree. The trial court denied the petition, and Grant appealed. We conclude that Grant’s sentence was not unauthorized and, therefore, the trial court had no jurisdiction to rule on the petition. We dismiss the appeal.
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