30 Cited authorities

  1. People v. Osuna

    225 Cal.App.4th 1020 (Cal. Ct. App. 2014)   Cited 431 times
    Holding the correct standard of proof for resentencing eligibility determinations is preponderance of the evidence
  2. People v. Superior Court (Kaulick)

    215 Cal.App.4th 1279 (Cal. Ct. App. 2013)   Cited 419 times   2 Legal Analyses
    Rejecting similar argument in Proposition 36 context
  3. People v. Aaron Sung-Uk Park

    56 Cal.4th 782 (Cal. 2013)   Cited 408 times
    Finding that a felony wobbler reduced to a misdemeanor would count as a prior felony conviction for purposes of a sentencing enhancement under Cal.Penal Code § 667(d), but would not count as a prior felony conviction for purposes of a sentencing enhancement under Cal.Penal Code § 667
  4. People v. Johnson

    61 Cal.4th 674 (Cal. 2015)   Cited 336 times
    Setting forth various exceptions
  5. People v. White

    223 Cal.App.4th 512 (Cal. Ct. App. 2014)   Cited 324 times
    Finding inmate ineligible for resentencing where the record of conviction showed the inmate "not only had a firearm 'in [his] possession or under [his] custody or control,' " but that "he also was personally armed with the firearm on that date because he was carrying—and, thus, had ' "ready access" ' to—that firearm"
  6. Teal v. Superior Court

    60 Cal.4th 595 (Cal. 2014)   Cited 307 times
    Holding resentencing provision of Three Strikes Law creates substantial right affecting personal liberty interest
  7. People v. Blakely

    225 Cal.App.4th 1042 (Cal. Ct. App. 2014)   Cited 308 times
    Referring to former § 12021, subd., § 29800, subd.'s predecessor
  8. People v. Bradford

    227 Cal.App.4th 1322 (Cal. Ct. App. 2014)   Cited 279 times
    Holding that a resentencing proceeding under "[s]ection 1170.126, like the statutory mechanism under federal law for a sentencing reduction, is distinguishable from other sentencing proceedings" because the statute "merely provides a limited mechanism within which the trial court may consider a reduction of the sentence below the original term"
  9. People v. Brimmer

    230 Cal.App.4th 782 (Cal. Ct. App. 2014)   Cited 243 times
    Holding that the section 12022 enhancement applies only "if the gun has a facilitative nexus with the underlying offense (i.e., it serves some purpose in connection with it)"
  10. People v. Elder

    227 Cal.App.4th 1308 (Cal. Ct. App. 2014)   Cited 216 times
    Affirming the defendant was armed when he was standing outside his front door and the police found one loaded gun on a shelf of an entertainment center and another gun in an unlocked safe in a bedroom.