In Re Saldana

Respondent Robert G. Saldana was convicted, following a jury trial, of one count of possession of a controlled substance, heroin, in violation of Health and Safety Code section 11350. The trial court sentenced respondent to a term of 25 years to life in state prison pursuant to Penal Code section 667, subdivisions (b) through (i) (the “three strikes” law). We affirmed the sentence and conviction, and our Supreme Court denied respondent’s petition for review. Respondent then filed a petition for writ of habeas corpus in the trial court, seeking reconsideration of his sentence. The trial court granted the petition, held a new sentencing hearing, dismissed one of respondent’s prior convictions, and resentenced respondent to a term of four years in state prison.

The People of the State of California appeal from the trial court’s orders granting respondent’s habeas corpus petition and resentencing respondent, contending that the law of the case prohibited resentencing and that respondent’s first appeal of his sentence precluded a subsequent petition for writ of habeas corpus raising the same issue. We affirm the trial court’s order granting respondent’s petition and the trial…