Teal v. Superior Court
Annotate this CaseIn 1996, Petitioner was convicted of making a criminal threat and sentenced to a total term of twenty-five years to life pursuant to the Three Strikes Law. In 2012, Petitioner filed a petition for recall of his sentence, arguing that he was eligible for resentencing because his current offense of making a criminal threat had not been categorized as a serious felony at the time of his original conviction. The trial court denied the petition, finding that Petitioner was ineligible because his current offense was now defined as a serious felony. Petitioner appealed. The Court of Appeal treated Petitioner’s appeal as a petition for writ of mandate and denied the petition, concluding that the trial court’s denial of the petition for recall was not appealable because the trial court’s threshold eligibility determination was not a postjudgment order affecting Petitioner’s substantial rights. The Supreme Court reversed, holding that the trial court’s denial of the petition for recall was an appealable order, and the court of appeal erred in holding otherwise.
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