Anthony R. Mizner, the man responsible for burning down a block
of downtown Hollister in 1991, on Thursday was denied an appeal of
a 2009 sentencing for possession of methamphetamine
– a violation of California’s three strikes law that will send
him to prison for 27 years to life.
Anthony R. Mizner, the man responsible for burning down a block of downtown Hollister in 1991, on Thursday was denied an appeal of a 2009 sentencing for possession of methamphetamine – a violation of California’s three strikes that law will send him to prison for 27 years to life.
Mizner, 52, was denied his appeal by the California Courts of Appeal after he claimed his Hollister attorney, Art Cantu, had been ineffective as his counsel and that his sentencing had been cruel and unusual in nature, according to the California Attorney General’s Office. Mizner also filed a writ of habeas corpus – claiming he was wrongfully detained.
Mizner argued that his arrest for methamphetamine possession shouldn’t be associated with his previous crimes. The court disagreed, sending him back to prison.
Mizner’s next step is to ask for the court to reconsider or go to the California Supreme Court, according to an attorney general’s office representative. Going back to the courts of appeal would be rare, according to the office.
Mizner, who has a criminal history of 13 felony and 14 misdemeanor convictions, was sent to prison for life in 1999 because of the three strikes rule, but was released in late 2007 after a judge determined he never should have been sent to prison for life.
He was sent to prison in 1999 after he had threatened and injured a witness, but his sentence was reduced after his arson conviction was reconsidered.
Mizner’s conviction of burning down a block of businesses between Sixth and Seventh streets was originally considered multiple strikes because of the various affected businesses, said Deputy District Attorney Patrick Palacios. But it was later reversed because, according to law, the crime is considered one strike.
In October 2008, he was found with methamphetamine in his coin pocket riding his bike, court documents alleged. At the time, Mizner was on parole.
During his court case, Mizner was allowed to go back on parole, but he was warned that a misstep would send him back to prison, Palacios said.
But Mizner should not have been allowed back on parole because the law didn’t allow the court to do so, according to the attorney general.
In 2009, he was arrested while driving a vehicle on a suspended license with two parolees in his car. Mizner was sent back to court where he was sentenced to 27 years to life.
Since that time, Mizner had appealed the ruling.
Look back for more on this story.
Read the Free Lance on Twitter here.
