People v. Sims CA5

STATEMENT OF THE CASE

On May 23, 1995, Sims was charged by information with commercial burglary (§ 459). The information also alleged four prior strikes: a 1975 robbery conviction (§ 211); a 1978 conviction for assault with intent to commit rape (§ 220); two 1983 convictions, one for robbery (§ 211) and one for sodomy by force (§ 286, subd. (c)); and four prior prison terms (§ 667.5, subd. (b).) On August 29, 1995, following a court trial, Sims was found guilty of the burglary and the court found “all the priors as alleged to be true.” On April 1, 1998, Sims was sentenced to a three-strike sentence of 25 years to life. The court added two years for two prior prison terms (§ 667.5, subd. (b)). On December 6, 2019, Sims filed a petition for resentencing pursuant to Proposition 47. On December 11, 2019, the trial court characterized Sims’s petition as pursuant to section 1170.18 and denied relief, stating that relief had previously been denied on May 21, 2018, because Sims was not eligible for relief. On February 23, 2022, Sims filed a second petition for resentencing, this time citing sections 1170.18 and 1170.03. On March 4, 2022, the trial court denied the petition. The reason…