In Re Barfoot

Introduction

This habeas corpus petition raises an issue of the “Three Strikes” law. It involves a defendant sentenced by a trial court which believed it had no discretion to strike the prior conviction. Because defendant’s appeal had been adjudicated before the California Supreme Court concluded that a trial court retained the discretion to strike Three Strikes prior convictions, defendant filed a habeas corpus petition in the trial court requesting a resentencing hearing at which he and counsel would be present. The trial court summarily denied the petition in the absence of defendant and counsel. We conclude that because defendant established a prima facie case for relief — the trial court’s belief at the time he was originally sentenced that it had no discretion to strike his prior conviction — he is entitled to a hearing in the trial court at which he and counsel can participate. We therefore grant the requested relief.

Factual and Procedural Background

A. The Trial

Based on the following facts, a jury convicted defendant Jerome Wyatt Barfoot of second degree robbery. v

On April 13, 1994, defendant entered an Albertson’s market. He went to the liquor department,…