People v. Chaney CA3

DISCUSSION

I Defendant Forfeited His Right To Have The Original Sentencing Judge Consider His Petition “Penal Code section 1170.126, subdivision (b) specifies that a prisoner petitioning for resentencing must file the petition ‘before the trial court that entered the judgment of conviction in his or her case.’ The reference to ‘the trial court that entered the judgment’ is clearly a reference to the trial judge. This is confirmed by a later subdivision, which uses the terms ‘judge’ and ‘court’ interchangeably, when identifying the judicial officer who must rule on the petition. (Pen. Code, § 1170.126, subd. (j).) Penal Code section 1170.126, subdivision (j) provides, ‘If the court that originally sentenced the defendant is not available to resentence the defendant, the presiding judge shall designate another judge to rule on the defendant’s petition.’ [¶] It is therefore clear that the initial sentencing judge shall rule on the prisoner’s petition.” (Kaulick, supra, 215 Cal.App.4th at pp. 1300-1301.) Defendant contends the court erred by allowing his petition to be heard by a different judge than the one who originally sentenced him to his three strikes’ sentence. Defendant has…