LOWE v. SUPERIOR COURT

No. C073942.

228 Cal.App.4th 387 (2014)

175 Cal. Rptr. 3d 253

FLOYD LOWE, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent. THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

July 25, 2014.


Attorney(s) appearing for the Case

Donn Ginoza , under appointment by the Court of Appeal, for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Michael P. Farrell , Assistant Attorney General, Carlos A. Martinez and Stephen G. Herndon , Deputy Attorneys General, for Real Party in Interest.


OPINION

NICHOLSON, Acting P. J.

Convicted of being a felon in possession of a firearm and sentenced under the "Three Strikes" law more than 15 years ago, petitioner Floyd Lowe (defendant) recently filed a petition for resentencing under the Three Strikes Reform Act of 2012. The trial court denied the petition because defendant was armed with a firearm and intended to cause great bodily injury when he possessed the firearm.

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