P. v. Philbrook CA3
Defendant Nathan Philbrook appeals from the denial of his petition to recall his manslaughter sentence pursuant to Penal Code section 1170.95 originally enacted in Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437). On appeal, he first makes belated collateral attacks on the original judgment, contending his 23-year sentence, the result of a plea bargain, was void in three respects: a prior strike was neither pled nor admitted; the sentence was not run consecutively with his existing sentence, as required by the Three Strikes law; and a 12-month term, instead of a 16-month term, was erroneously imposed on one count.
Defendant also directly challenges the denial of his petition to recall his sentence. In his opening brief, he raised various grounds, including that section 1170.95 must be construed to apply to manslaughter convictions.
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