In re Bailey

Filed 3/28/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

C092799

In re LARRY BAILEY, (Super. Ct. Nos. On Habeas Corpus. 19HC00233,18HC00188)

APPEAL from a judgment of the Superior Court of Sacramento County, Steve W. White, Judge. Reversed.

Rob Bonta and Matthew Rodriquez, Attorneys General, Phillip J. Lindsay, Senior Assistant Attorney General, Sara J. Romano and Amanda J. Murray, Supervising Deputy Attorneys General, Michael G. Lagrama and Linnea D. Piazza, Deputy Attorneys General, for Appellant.

Byron C. Lichstein, under appointment by the Court of Appeal, for Respondent.

In 2014, a jury found petitioner Larry Bailey guilty of assault with a deadly weapon and leaving the scene of an accident and found true various enhancements. Petitioner was sentenced to 28 years in prison. “In 2016, voters approved Proposition 57, the ‘Public Safety and Rehabilitation Act of 2016.’ Proposition 57 amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense. (Cal. Const., art. I, § 32, subd. (a)(1).)[1] It also…