People v. Mamea
F067261 (opn 11/26/2014, rev den 2/11/2015 (No. S223633)
Errors: Appellate Factfinding
Errors Found/Argued: Errors not found by another court
Summary: Without any hearing or review of the facts, the trial court found Mr. Mamea ineligible for resentencing under Penal Code section 1170.126, or Proposition 36. Mr. Mamea was convicted of being a felon in possession of a firearm x 2. The court relied on Prop 36 language contained in the voters’ pamphlet to conclude incorrectly that the electorate’s intent was to exclude any weapons-related felonies. Trial judge stated if his blanket exclusion of Mr. Mamea’s case was wrong, the case would be remanded for his consideration. On appeal the AG requested the court take judicial notice of the record of convictions, in this case a jury trial, but failed to provide a copy of the material as required by Rule 8.252(a)(3). DCA deferred ruling on the request until after case was submitted and then limited it to a review of their opinion following the convictions. Appellate court made factual findings that were never before the trial court. Rehearing and review denied.