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People v. Chaney

California Court of Appeals, Third District

October 29, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
CLIFFORD PAUL CHANEY, Defendant and Appellant.

[REVIEW GRANTED BY CAL. SUPREME COURT]

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

[As modified Dec. 1, 2014.]

APPEAL from a judgment of the Superior Court of Amador County, No. 05CR08104 J.S. Hermanson, Judge.

Page 1392

[Copyrighted Material Omitted]

Page 1393

COUNSEL

Michael Satris, 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, Stephen G. Heradon and Darren K. Indermill, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, J.

Defendant Clifford Paul Chaney has eight strikes: six robberies with arming enhancements and two first degree burglaries. These eight strikes arose from two separate incidents in which defendant and two others robbed the same chemical laboratory and imprisoned 20 employees.

Defendant’s current offense for which he was sentenced to prison for 25 years to life in 2005 was driving under the influence of alcohol (DUI) with prior convictions for three other DUI’s, two of which resulted in injuries. When he committed the current DUI, he was on two grants of probation. Following his current DUI conviction, defendant explained he “drinks too much” and is “emotionally weak.”

In this appeal, defendant challenges the trial court’s May 2013 denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (the Act). Under the Act, “prisoners currently serving sentences of 25 years to life for a third felony conviction which was not a serious or violent ...


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