People v. Berry CA3
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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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