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PEOPLE v. SOTO

No. B249197.

228 Cal.App.4th 967 (2014)

THE PEOPLE, Plaintiff and Respondent, v. ABELARDO SOTO, Defendant and Appellant.

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

As modified August 8, 2014.

Attorney(s) appearing for the Case

Cheryl Lutz , under appointment by the Court of Appeal, for Defendant and Appellant.

Steven Graff Levine as Amicus Curiae on behalf of Defendant and Appellant.

Michael Stone Romano for Stanford Law School Three Strikes Project as Amicus Curiae on behalf of Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Scott A. Taryle , Kimberley J. Baker-Guillemet and Noah P. Hill , Deputy Attorneys General, for Plaintiff and Respondent.

Jackie Lacey , District Attorney, Beth L. Widmark and Matthew Aaron Brown , Deputy District Attorneys, as Amicus Curiae on behalf of Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

KLEIN, P. J. —

Appellant Abelardo Soto filed a petition to recall his sentence pursuant to the provisions of Penal Code section 1170.126, which was enacted by Proposition 36 in 2012.1 The gist of the reform enacted by Proposition 36 was to limit sentences of 25 years to life to those defendants who are (or were) convicted...

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