People v. Daniels CA2/8

FACTS

We detailed the underlying facts in a nonpublished opinion deciding Daniels’s direct appeal from the jury conviction (People v. Daniels, B208132, Aug. 31, 2009.) Those facts are not at issue here. In September 2013, Daniels sought resentencing under the Three Strikes Reform Act (the Act).3 The trial court denied the petition. In a written ruling, the trial court explained that one of Daniels’s current felony convictions was for driving under the influence and causing great bodily injury (Veh. Code, § 13152, subd. (a)), and the jury found true the allegation that during the commission of the crime, Daniels caused great bodily injury (§ 12022.7, subd. (b).), which made the underlying

All further statutory references are to the Penal Code unless otherwise noted. These details were set forth in an unpublished opinion we issued in April 2013, affirming a trial court order denying Daniels’s petition for writ of certiorari. (People v. Daniels, B242614, April 30, 2013.)

Daniels filed a petition for writ of habeas corpus in pro per, but the trial court appointed counsel to represent him in connection with a petition for recall and resentencing. The parties…