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Remand to Reinstate Strike Finding and Resentence Defendant Under Three Strikes Law

Case Name: People v. Dain (2024) 99 Cal.App.5th 399, review granted 5/29/2024
Case #: S283924/A168286
Last Updated: May 29, 2024

Did the Court of Appeal err in remanding the case with directions to reinstate the strike finding and to resentence defendant as a person who has suffered a prior strike conviction under the Three Strikes Law? (See People v. Williams (1998) 17 Cal.4th 148, 164, fn. 7; see also People v. McGlothin (1998) 67 Cal.App.4th 468, 478; People v. Humphrey (1997) 58 Cal.App.4th 809, 814; but see People v. Mayfield (2020) 50 Cal.App.5th 1096, 1109; People v. Strong (2001) 87 Cal.App.4th 328, 347.)

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