People v. Berry CA3

Good Law
Court of Appeal of CaliforniaJuly 21, 2014C074645California2,424 words

Opinion

Opinion

Filed 7/21/14 P. v. Berry CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

THE PEOPLE, C074645

Plaintiff and Respondent, (Super. Ct. No. 62-007341)

v.

FRANK KING BERRY,

Defendant and Appellant.

Pursuant to Penal Code section 1170.126,1 which had been enacted in November 2012 as an initiative measure, defendant Frank King Berry filed a December 2012 petition to recall his 1999 indeterminate prison term (64 years to life) for resentencing (employing the existing form for recalling a sentence pursuant to section 1170, subd. (d)). The trial court found defendant was eligible for resentencing (§ 1170.126, subds. (c), (e) & (f)) and appointed counsel. The prosecution conceded that defendant did not pose an

1…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.