P. v. Wallace CA5
In October 2002, a jury found defendant guilty of felony vandalism (Pen. Code, § 594) and found he had suffered two prior “strike” convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served two prior prison terms (§ 667.5, subd. (b)).
In April 2003, the trial court sentenced defendant to 25 years to life pursuant to the Three Strikes law, plus two consecutive one-year prior prison term enhancements. Remittitur issued on January 28, 2005.
Almost 16 years later, in January 2021, defendant filed a motion requesting modification of his sentence—specifically, the striking of the two prior prison term enhancements—under Senate Bill No. 136. Because defendant’s judgment had been final for many years, the trial court denied the motion.
On November 17, 2021, defendant filed a notice of appeal from the trial court’s denial of his motion.
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