P. v. Machado CA2/1
Defendant Oscar Gerald Machado was convicted in 1998 of second degree burglary of a vehicle and first degree burglary of a residence. Because defendant previously had been convicted of two counts of armed robbery, the trial court sentenced him under the “Three Strikes” law on both counts.
Following passage of Proposition 36, the Three Strikes Reform Act of 2012, defendant petitioned to recall his sentence. The trial court issued an order to show cause as to the vehicle burglary count, but denied the petition as to the residential burglary count, finding it was ineligible for resentencing under Proposition 36. Citing the “full resentencing rule,” defendant nonetheless requested that, should the trial court recall his sentence on the vehicle burglary, that it reconsider his sentence on the residential burglary as well and dismiss the prior strikes pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).
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