![]() We now discharge our order to show cause, and deny the petition as moot. Thereafter, we received supplemental briefing from the parties. The Attorney General filed a return and Arroyo, represented by counsel, filed a traverse. ![]() We issued an order to show cause why we should not grant the relief requested in the petition. We asked for an informal response from CDCR, the Attorney General responded, and Arroyo filed a reply. (a)(1) (hereafter section 32(a)(1)).) 2 Arroyo then filed a similar habeas corpus petition in this court. 1 Proposition 57, approved by California voters in 2016, added a provision to California’s Constitution that provides: “Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.” (Cal. The superior court denied the petition because Arroyo failed to exhaust his administrative remedies by not first seeking review through CDCR’s Inmate Appeal Process. ) The parties agree Arroyo is currently serving his sentence as “an indeterminately sentenced nonviolent offender.” Arroyo filed a habeas corpus petition in the superior court challenging the California Department of Corrections and Rehabilitation (CDCR) regulations that at the time made three strike offenders serving an indeterminate sentence for a nonviolent offense ineligible for early parole consideration under Proposition 57, the Public Safety 1 and Rehabilitation Act of 2016. We affirmed the judgment on direct appeal. Sentencing on the assault charge and the four oneyear prison commitment allegations was stayed. The trial court imposed an indeterminate 35-years-to-life sentence: 25 years to life under the Three-Strikes law on the attempted robbery charge, plus a 10-year sentence for the serious felony priors. (d) & (e)(2)), and four one-year prior prison commitment allegations (§ 667.5, subd. (a)), two strike allegations (§ 667, subds. (a)(1)) (all undesignated statutory references are to the Penal Code).) It also found true two prior serious felony allegations (§ 667, subd. (a)(2)(b)), and one count of assault with a deadly weapon (Pen. FACTS AND PROCEDURAL HISTORY A jury convicted petitioner Tony Jimenez Arroyo of one count of attempted second degree robbery (Pen. Piazza, Deputy Attorneys General, for Respondent. Lindsay, Assistant Attorney General, Amanda J. Xavier Becerra, Attorney General, Phillip J. Champion, Three Strikes Project, Stanford Law School, for Petitioner. Order to show cause discharged petition denied. M-17142) OPINION Original proceedings petition for a writ of habeas corpus. The Court discharged its order to show cause, and denied the petition as moot.įiled 6/25/19 Certified for Publication 7/17/19 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE In re TONY JIMENEZ ARROYO G056020 on Habeas Corpus. Thereafter, the Court received supplemental briefing from the parties. The Court issued an order to show cause why it should not grant the relief requested in the petition. The Court of Appeal thereafter asked for an informal response from CDCR, the Attorney General responded, and Arroyo filed a reply. Arroyo then filed a similar habeas corpus petition with the Court of Appeal. Arroyo filed a habeas corpus petition in the superior court challenging the California Department of Corrections and Rehabilitation (CDCR) regulations that at the time made three strike offenders serving an indeterminate sentence for a nonviolent offense ineligible for early parole consideration under Proposition 57, the Public Safety and Rehabilitation Act of 2016. The Court of Appeal affirmed the judgment on direct appeal. Sentencing on the assault charge and the four one- year prison commitment allegations was stayed. It also found true two prior serious felony allegations, two strike allegations, and four one-year prior prison commitment allegations. A jury convicted petitioner Tony Arroyo of one count of attempted second degree robbery and one count of assault with a deadly weapon.
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