People v. Hutchinson CA2/2

BACKGROUND

Shoyne Riggins testified that in September 1998 she lived in the same hotel as defendant, Steven Adams, and Thomas Fuller. Riggins worked as a caregiver for

All further section references are to the Penal Code unless otherwise indicated. “On November 6, 2012, the electorate passed Proposition 36, the Three Strikes Reform Act of 2012 . . . . Proposition 36 reduced the punishment to be imposed with respect to some third strike offenses that are neither serious nor violent, and provided for discretionary resentencing in some cases in which third strike sentences were imposed with respect to felonies that are neither serious nor violent.” (People v. Johnson (2015) 61 Cal.4th 674, 679.) Proposition 36 was effective on November 7, 2012. (Johnson, at p. 680.)

2 Saundra P., an elderly handicapped woman. On September 5, 1998, Riggins heard Saundra scream, “Let me by.” Riggins saw defendant, then in a wheelchair, block Saundra from walking down the hall and tug on Saundra’s shirt and purse. On September 28, 1998, Riggins, threw defendant’s dog out of the communal kitchen. Defendant entered and yelled at Riggins for doing so. Riggins argued she did not want the…