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People v. Dunckhurst

California Court of Appeals, Third District, Shasta

May 30, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
STEPHEN CHRISTOPHER DUNCKHURST, Defendant and Appellant.

[REVIEW GRANTED BY CAL. SUPREME COURT]

APPEAL from a judgment of the Superior Court of Shasta County Super. Ct. No. 05F1322, William D. Gallagher, Judge.

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COUNSEL

Deanna Lamb, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Kevin L. Quade, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DUARTE, J.

Stephen Christopher Dunckhurst appeals from the denial of his petition to recall his sentence under the Three Strikes Reform Act of 2012 (Pen. Code, §§ 667, 1170.12, 1170.126;[1] Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012); hereafter the Act). He contends the trial court erred in finding him ineligible to have his sentence for vehicle theft recalled. The trial court’s finding of ineligibility was based on Dunckhurst’s commission of a disqualifying offense, assault upon an inmate with a deadly weapon or force likely to cause great bodily injury (§ 4500), while in prison. Dunckhurst argues it was error to use his 2010 prison offense to disqualify him from recall of his 2005 sentence because the 2010 offense was not a “prior conviction, ” as required under section 1170.126, subdivision (e)(3). We find Dunckhurst was ineligible for recall of his sentence and affirm the judgment.

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BACKGROUND


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