Lewis

INTRODUCTION

This is an appeal from the sentence imposed on remand for resentencing following

our opinion in People v. Lewis (Aug. 23, 2011, E051058) (nonpub. opn.) (Lewis I).

During the pendency of this appeal, the California Supreme Court issued its

opinion in People v. Jones (2012) 54 Cal.4th 350 (Jones). Pursuant to that opinion, we

conclude that Penal Code section 6541 bars imposition of unstayed sentences on both

count 1 and count 4, for possession of a firearm by a convicted felon and for receiving

stolen property, consisting solely of the same firearm.

Also during the pendency of this appeal, the electorate amended the three strikes

law by passing Proposition 36, the Three Strikes Reform Act of 2012, effective

November 7, 2012. Defendant contends that the amendment to sections 667 and

1170.12, which would reduce his sentence from 25 years to life to a far lesser determinate

term, applies to him under the doctrine of In re Estrada (1965) 63 Cal.2d 740 (Estrada),

i.e., that an amendatory statute which reduces punishment applies in all cases not yet final

on appeal, unless there is a clear indication that the enacting body did not so intend. As

we discuss…