California Court of Appeal

Under the Three Strikes Reform Act of 2012, which changes the requirements for sentencing a third strike offender when the third strike is not a serious or violent felony, failure to accord retroactive effect to amended sections 667 and 1170.12 does not violate defendant's constitutional equal protection rights, however defendant's recourse is to file a petition for a recall of his sentence in compliance with added section 1170.126 when the judgment is final, as that section was intended to be the sole remedy available under the Act for prisoners who were serving an indeterminate life sentence imposed under the former three strikes law.

Appellate Information

• Decided 01/29/2013
• Published 01/29/2013

Judges

• LEVY

Court

• California Court of Appeal

Counsel