California Court of Appeal
Teal v. Superior Court (People), B247196
The trial court properly denied defendant's petition for recall of his sentence of an indeterminate life term under the Three Strikes law, on the ground defendant is ineligible for resentencing, where: 1) the Three Strikes Reform Act of 2012 expressly limits the right to have the trial court consider whether an inmate should be resentenced to those individuals who satisfy the statutory eligibility requirements set forth in Penal Code section 1170.126(e); 2) the trial court's threshold eligibility determination is not appealable; and 3) one of defendant's prior strike convictions was for rape of a spouse, a "sexually violent offense," which makes him ineligible for resentencing.
Appellate Information
- Decided 06/19/2013
- Published 06/19/2013
Judges
- PERLUSS
Court
- California Court of Appeal