Manning

Appellant and defendant, Schacobie Herman Manning, appeals the denial of his postjudgment petition seeking recall of his sentence and resentencing under the Three Strikes Reform Act of 2012. Manning has also filed a petition for a writ of mandate seeking the same relief.

Reversed and remanded. The trial court’s postjudgment ruling is vacated and the matter is remanded for further proceedings. Manning’s petition for writ of mandate is denied as moot.

BACKGROUND

In 1996, Manning pled guilty in Los Angeles County Superior Court case No. GA026902 to commercial burglary, possession of a forged instrument and possession of a forged driver’s license, and admitted having suffered two prior serious felony convictions within the meaning of the three strikes law (Pen. Code, .§§ 459, 475, 470, 667, subds. (b)-(i)). Manning was sentenced to state prison for a term of 25 years to life. We affirmed his conviction and sentence in People v. Manning (Dec. 22, 2004, B167422) (nonpub. opn.).

On November 21, 2012, following the enactment of Proposition 36, Manning filed a petition pursuant to section 1170.126 asking the trial court to recall his 25-year-to-life three strikes sentence and…