Dunckhurst

BACKGROUND

In 2005, the trial court sentenced Dunckhurst to an aggregate term of 33 years to life in prison. The sentence consisted of a three strikes (§§ 667, subds. (b)-(i), 1170.12) sentence of 25 years to life for unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)) in case No. 05F1322, and an eight-year sentence (the three-year upper term doubled plus two years for two prior prison term enhancements) for possession of a deadly weapon by a prisoner (§ 4502) in case No. 05F4161. In 2010, the Kings County Superior Court sentenced Dunckhurst to a consecutive term of 30 years to life for assault on an inmate with a deadly weapon or by means of force likely to cause great bodily injury, with two strikes, and a great bodily injury enhancement (§ 12022.7, subd. (a)). The sentence consisted of nine years to life tripled plus three years for the enhancement.

1 Further undesignated statutory references are to the Penal Code.

2 In 2013, Dunckhurst filed a petition to recall his sentence on the 2005 vehicle taking count. He claimed he met all three criteria for a sentence recall under the Act. His petition did not mention his 2010 sentence for assault on an inmate.…