People v. Fleming CA2/5

I. BACKGROUND

In 2010, defendant was charged with a single count of possession of marijuana for sale. The information alleged the offense was gang related and it also alleged defendant had numerous prior convictions. A trial jury convicted defendant (but found the gang allegation not true). Prior to sentencing, defendant moved the trial court to strike all but one of his prior strike offenses—some 28 of them. At the hearing, defendant admitted all the prior strike convictions, the trial court denied defendant’s motion to strike any of them, and the court sentenced defendant to 25 years to life in prison. This court affirmed his conviction and sentence. (People v. Fleming (May 28, 2013, B241293) [nonpub. opn.].)

1 Undesignated statutory references that follow are to the Health and Safety Code.

3 In May 2021, defendant filed a petition for resentencing pursuant to section 11361.8.2 The People opposed the motion and argued granting the petition would pose an unreasonable risk of danger to public safety given defendant’s criminal history. The People’s opposition contended that criminal history included two criminal cases in 1985 in which defendant pled guilty to 15 counts of…