People v. Burns CA5

FACTS AND PROCEDURAL HISTORY

On August 8, 2000, a jury convicted defendant of assault with a deadly weapon (§ 245, subd. (a)(1)) and petty theft with a prior theft-related conviction (§§ 484, subd. (a), 666). He was found to have been previously convicted of robbery (§ 211) and kidnapping (§ 207), both of which constituted serious felonies under the three strikes law

Further statutory references are to the Penal Code. Although we refer to the trial court, the judge who originally sentenced defendant was no longer on the bench at the time the resentencing petition was filed. Accordingly, another judge was assigned to rule on the petition. (See § 1170.126, subd. (j).) Denial of the petition is an appealable order. (Teal v. Superior Court (2014) 60 Cal.4th 595, 598.)

2. (§ 667, subd. (d)), and to have served a prior prison term (§ 667.5, subd. (b)). He was sentenced to concurrent terms of 25 years to life plus one year. On November 9, 2012, defendant petitioned the trial court for a recall of sentence pursuant to section 1170.126. In support, he submitted a number of documents attesting to his participation in, and completion of, various rehabilitative courses. The…