People v. Bambino CA3
Opinion
Opinion
Filed 9/7/16 P. v. Bambino 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C078644
Plaintiff and Respondent, (Super. Ct. No. 62-111998A)
v.
BRETT JOSEPH BAMBINO,
Defendant and Appellant.
In this case, we address the continuing problem of determining when a conviction for commercial burglary (Pen. Code, § 459)1 qualifies for resentencing pursuant to section 1170.18.
Undesignated statutory references are to the Penal Code. 2 The question of when a commercial burglary conviction qualifies for section 1170.18 resentencing is currently before the California Supreme Court. (See, e.g., People v. Bias (2016) 245 Cal.App.4th 302, review granted May 11, 2016, S233634; People v.…