Chubbuck

I. INTRODUCTION

In 1999, defendant David Chubbuck was convicted of solicitation to commit assault with a deadly weapon (Pen. Code, § 653f, subd. (a)). The trial court found true two “strike” allegations (§ 1170.12) and sentenced defendant to a term of 25 years to life. This court affirmed defendant’s conviction and sentence in 2001. (People v. Chubbuck (Jan. 30, 2001, H020514) [nonpub. opn.].)

In 2013, defendant filed a petition for resentencing in the trial court, pursuant to section 1170.126, subdivision (b). The trial court denied defendant’s petition, finding that he was ineligible for resentencing under section 1170.126, subdivision (e)(2) because “[d]uring the commission of’ the solicitation offense, defendant “intended to cause great bodily injury to another person.” (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii).)

On appeal, defendant contends the trial court erred by denying his petition for resentencing because the prosecution never pleaded and proved that he intended to cause great bodily injury during the commission of the solicitation offense. We disagree that a pleading and proof requirement applies to the disqualification factors referenced…