In re Scott

Docket NumberD076909
Decision Date04 June 2020
In 1984, petitioner Lionel Scott pleaded guilty to third degree assault in Minnesota and admitted during his plea colloquy that he personally and intentionally pressed a warm or hot iron against his victim's face, inflicting a discernible burn mark that required medical treatment and was still somewhat visible four months later. In 1999, Scott was convicted in California of several sex offenses. The sentencing court imposed a Three Strikes law sentence of 75 years to life based, in part, on the court's finding that Scott's earlier...

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7 cases
  • People v. Williams
    • United States
    • California Court of Appeals
    • June 28, 2024
    ...154 [recitation of facts in the defendant’s signed affidavit, made in conjunction with his plea]; In re Scott (2020) 49 Cal.App.5th 1003, 1009– 1011, 1019–1020, 263 Cal.Rptr.3d 534 [admissions made by the defendant during plea colloquy].) We acknowledge that the holding in Gallardo is dicta......
  • In re Haden
    • United States
    • California Court of Appeals
    • June 5, 2020
    ...its lead in holding that Gallardo does not apply retroactively to final convictions. (See In re Scott (June 4, 2020, D076909) 49 Cal.App.5th 1003, ––––, 263 Cal.Rptr.3d 534, 2020 WL 2988304, at p. *1, [following Milton and holding Gallardo does not apply retroactively to final convictions].......
  • In re Nelson
    • United States
    • California Court of Appeals
    • October 21, 2020
    ...review granted Aug. 12, 2020, S263261 [ Gallardo does not apply retroactively to final convictions]; In re Scott (2020) 49 Cal.App.5th 1003, 1008-1009, 1015-1019, 263 Cal.Rptr.3d 534, review granted Aug. 12, 2020, S262716 ( Scott ) [same]; In re Milton (2019) 42 Cal.App.5th 977, 982, 988-99......
  • People v. Valentine
    • United States
    • California Court of Appeals
    • November 19, 2020
    ...4 Cal.5th at p. 136 [trial court may rely upon facts that "defendant admitted as the actual basis for a guilty plea"]; In re Scott (2020) 49 Cal.App.5th 1003, 1021 ["[T]he Gallardo court stated repeatedly that—even after Descamps and Mathis—sentencing courts may rely on undisputed facts adm......
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