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PEOPLE v. SUPERIOR COURT

No. B329457.

97 Cal.App.5th 978 (2023)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; EDGARDO ORTIZ GUEVARA, Real Party in Interest.

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

December 8, 2023.

Attorney(s) appearing for the Case

John T. Savrnoch , District Attorney, and Marguerite Clipper Charles , Deputy District Attorney, for Petitioner.

Gregory D. Totten for California District Attorneys Association as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Tracy Macuga , Public Defender, and Laura Arnold , Deputy Public Defender, for Real Party in Interest.

Michael S. Romano for Three Strikes Project, David Mills, George Gascón, Heidi Rummel and Michael Vitiello as Amici Curiae on behalf of Real Party in Interest.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Susan Sullivan Pithey , Assistant Attorney General, Idan Ivri , Theresa A. Patterson , Wyatt E. Bloomfield and Christopher G. Sanchez , Deputy Attorneys General, for the Attorney General as Amicus Curiae, upon the request of the Court of Appeal.

OPINION

The role of the judiciary is to interpret statutes, not to draft them. Our opinion follows this dictum.

Edgardo Ortiz Guevara was sentenced to 28 years to life under the "Three Strikes" law. His third strike was a nonserious, nonviolent felony. Guevara also had prior prison term enhancements. When...

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