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PEOPLE v. HURTADO

No. B246330.

216 Cal.App.4th 941 (2013)

157 Cal. Rptr. 3d 315

THE PEOPLE, Plaintiff and Respondent, v. RAUL ARIZA HURTADO, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

May 28, 2013.

Attorney(s) appearing for the Case

Jonathan B. Steiner and Cheryl Lutz , under appointments by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Victoria B. Wilson and Noah P. Hill , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MALLANO, P. J. —

Defendant Raul Ariza Hurtado appeals from an order denying his petition for recall of his sentence pursuant to Penal Code section 1170.126, added by Proposition 36, the Three Strikes Reform Act of 2012. Although defendant is ineligible for resentencing because his commitment offense is a serious felony, we asked the parties to brief the proper mechanism for review of such a denial in this court. The parties agree...

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