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Date: 12-08-2024

Case Style:

The People of California v. Kevion Michael Thompson

Case Number: FVI1401879

Judge: Quintana Winter

Court: Superior Court, San Bernardino County, California

Plaintiff's Attorney: San Bernardino County, California District Attorney's Office

Defendant's Attorney:


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Description:


San Bernardino, California criminal defense lawyer represented the Defendant charged with assault with a firearm.


On October 10, 2014, defendant was charged by information with assault with a firearm (§ 245, subd. (a)(2), count 1), criminal threats (§ 422, count 2), and disobeying a court order (§ 166, subd. (a)(4), count 3). It was alleged as to counts 1 and 2 that defendant personally used a firearm. (§§ 1203.06, subd. (a)(1)) &12022.5, subd. (a).)

On December 10, 2014, the jury found defendant guilty as charged and found true the personal firearm use enhancement as to counts 1 and 2.

On April 14, 2015, the court sentenced defendant to a total term of 14 years in state prison, with credit for time served.

CRIMINAL LAW. POSTJUDGMENT APPEALS. The case involves an appeal from a defendant who filed an unauthorized petition for resentencing under Penal Code sections 1170, subdivision (d) and 1172.1, which the trial court denied for lack of jurisdiction. The court of appeal determined that the order denying the petition was not appealable and dismissed the appeal.

Key Phrases Postjudgment order. Penal Code sections. Personal firearm use. Resentencing petition. Court lacked jurisdiction.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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