Mathews
People v. Mathews
Opinion
lead Opinion
Humes, J.
*881 *132 A jury convicted defendant Damari Mathews of second degree robbery and firearms offenses and found true the allegation that a principal personally used a firearm during the robbery after Mathews robbed the victim and shot himself as he was trying to escape. The trial court sentenced him to 13 years in prison. On appeal, Mathews contends that the court erroneously (1) refused to suppress evidence obtained from the hospital where he was being treated, allegedly in violation of his Fourth Amendment rights; (2) denied his request for personnel information about two police witnesses under Pitchess v. Superior Court (1974) 11 Cal.3d 531 , 113 Cal.Rptr. 897 , 522 P.2d 305 ( Pitchess ); and (3) calculated his presentence credits.
This court ordered the correction of a clerical error but otherwise affirmed the judgment on October 25, 2017. ( People v. Mathews (2017) 16 Cal.App.5th 601 , 224 Cal.Rptr.3d 469 .) In December 2017, Mathews filed a petition for review in the California Supreme Court, contending that the matter should be remanded to the trial court in light of S.B. 620 (Stats. 2017, ch. 682). This legislation took effect on January 1, 2018, and vests sentencing courts…