Craig
People v. Craig
Opinion
Opinion
Segal, J.
INTRODUCTION
In 2015 John Ross Craig pleaded no contest to two counts of second degree robbery and admitted that a principal personally used a firearm, within the meaning of Penal Code section 12022.53, subdivisions (b) and (e)(1), 1 and that he had a prior felony conviction that was a serious or violent felony within the meaning of the three strikes law and a serious felony within the meaning of section 667, subdivision (a)(1). The trial court sentenced Craig to a prison term of 23 years. In 2024 Craig filed a petition for recall and resentencing under section 1172.1. After reviewing Craig’s petition and the prosecutor’s opposition, and hearing argument from counsel, the superior court denied Craig’s petition. Craig appealed, arguing the superior court abused its discretion in denying his request for resentencing. The People argue that the order denying Craig’s petition is not appealable and that, in any event, the court did not abuse its discretion. We conclude that the order is appealable and that the superior court erred by applying an incorrect legal standard in deciding whether to resentence Craig under section 1172.1. Therefore, we reverse.