California Court of Appeal

Indeterminate life sentence imposed pursuant to the three strikes law, Pen. Code sections 1170.12(a)-(d) and 667 (b)-(i), is affirmed over defendant's petition for resentencing under the Three Strikes Reform Act of 2012 where: 1) under section 1170.126, a prisoner is eligible for resentencing as a second strike offender if all of the following are shown: (i) the prisoner is serving an indeterminate life sentence for a crime that is not a serious or violent felony; (ii) the life sentence was not imposed for any of the offenses appearing in sections 667, subdivision (e)(2)(C) and 1170.12, subdivision (c)(2)(C); and (iii) the inmate has no prior convictions for any of the offenses appearing in clause (iv) of section 667, subdivision (e)(2)(C) or clause (iv) of section 1170.12, subdivision (c)(2)(C); and 2) Welfare and Institutions Code section 6600 defined "sexually violent offense" to include assault with intent to commit rape, and because defendant has two prior convictions for this crime, the trial court correctly ruled he was disqualified from resentencing.

Appellate Information

• Decided 09/11/2015
• Published 09/11/2015

Judges

• HOCH

Court

• California Court of Appeal

Counsel