People v. Newell CA6

I. BACKGROUND

In July 2010, Newell was convicted of a single crime: assault with a deadly weapon other than a firearm (a knife) under section 245, subdivision (a)(1). The court found that Newell had two prior “strike” convictions. Finally, the jury found true three sentencing enhancement allegations: (1) Newell personally inflicted great bodily injury on the victim under section 12022.7, (2) Newell was on bail at the time of the offense under section 12022.1, and (3) he had a prior conviction for a serious felony under section 667, subdivision (a). After denying a motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 to strike the prior strike convictions, the trial court sentenced Newell under the “Three Strikes” law to 25 years to life in prison on the assault conviction, consecutive to a total of 10 years in prison on the enhancements. On appeal, Newell’s conviction and sentence were affirmed. (People v. Newell (July 31, 2012, H036587) [unpub. opn.].) In April 2024, Newell filed a petition for resentencing under section 1172.75, asserting that the enhancements in his sentence were not for sexually violent offenses. The trial court denied the petition because the…