P. v. Perez CA3
Defendant David Casas Perez appeals from the trial court’s postjudgment order denying his request for recall of sentence after finding him ineligible for relief under the Three Strikes Reform Act of 2012 (Proposition 36). (Pen. Code, § 1170.126, added by Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012).) Defendant’s appeal is limited to the determination on one of his convictions for a violation of section 273d. He argues the trial court’s judicial fact finding as to his eligibility for this conviction “deprived him both of his right to a determination of those facts beyond a reasonable doubt and his right to a jury determination of those facts, secured by both the United States Constitution and the Reform Act [Proposition 36].”
We affirm the trial court’s order.
Comments on P. v. Perez CA3