P. v. Thalheimer CA2/7
Justin Thalheimer, convicted of first degree premeditated murder following a jury trial in 2010 and sentenced to an indeterminate state prison term of 76 years to life under the three strikes law, petitioned for resentencing pursuant to Penal Code section 1170.95 on April 26, 2021. Thalheimer included with his filing a second petition for resentencing, purportedly pursuant to former section 1170, subdivision (d)(1) (now section 1170.03, subdivision (a)(1)), although no recommendation for resentencing had been submitted to the court by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) or the Los Angeles County District Attorney.
The superior court summarily denied Thalheimer’s section 1170.95 petition, ruling he was ineligible for relief as a matter of law based on his conviction for first degree murder and the jury’s finding he had personally used a knife during the commission of the murder. The court did not rule on the request for resentencing und
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