P. v. Haynes CA3
In 2002, defendant Leland Ervin Haynes was sentenced to two consecutive indeterminate terms of 15 years to life, and two concurrent terms of six years for crimes involving lewd acts and sexual assaults on a child. Effective January 1, 2019, the Legislature amended Penal Code section 1170.91 (statutory section citations that follow are to the Penal Code) to provide that individuals sentenced prior to January 1, 2015, are eligible for resentencing if they are or were members of the military and they suffered trauma as a result of that service that was not considered as a factor in mitigation when imposing a term under subdivision (b) of section 1170. Defendant appeals the trial court’s denial of his petition for resentencing on the basis that the trial court erred in finding defendant was not eligible for resentencing and that his petition was moot.
Finding defendant’s petition is indeed moot, we dismiss the appeal.
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