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IN RE MACHADO

No. B249557.

226 Cal.App.4th 1044 (2014)

IN RE OSCAR MACHADO on Habeas Corpus.

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

May 30, 2014.

Attorney(s) appearing for the Case

Larry Pizarro , under appointment by the Court of Appeal, for Petitioner Oscar Machado.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Shawn McGahey Webb , Noah P. Hill and Jonathan Kline , Deputy Attorneys General, for Respondent the People.

OPINION

MILLER, J.* —

Defendant Oscar Machado appeals from an order denying his petition for Proposition 36 resentencing pursuant to Penal Code section 1170.1261 with respect to one of the two 1998 commitment offenses for which he received consecutive third-strike terms of 25 years to life.

Although defendant recognizes...

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