People v. Philbrook CA3

Good Law
Court of Appeal of CaliforniaMay 10, 2022C088692California5,165 words

Opinion

Opinion

Filed 5/10/22 P. v. Philbrook 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Nevada) ----

THE PEOPLE, C088692

Plaintiff and Respondent, (Super. Ct. No. F16000256C)

v.

NATHAN ROBERT PHILBROOK,

Defendant and Appellant.

Defendant Nathan Philbrook appeals from the denial of his petition to recall his manslaughter sentence pursuant to Penal Code section 1170.95 originally enacted in Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437).1 On appeal, he first makes belated collateral attacks on the original judgment, contending his 23-year sentence, the result of a plea bargain, was void in three respects: a prior strike was

Undesignated statutory references are to the Penal Code.

1 neither pled nor…

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