Leggett

BACKGROUND

Under Proposition 36, with certain exceptions, a defendant who has two or more prior serious and/or violent felonies (strikes) is not subject to an indeterminate sentence if the current conviction does not include a serious or violent felony. (See §§ 667, subd. (e), 1170.12, subd. (c).) For those individuals serving previously imposed sentences, section 1170.126 sets forth a statutory procedure to seek resentencing. Subdivision (b) of the statute establishes that a person serving an indeterminate term of life imprisonment under the three strikes law for a conviction based on “a felony or felonies that are not defined as serious and/or violent felonies . . . may file a petition for a recall of the sentence . . . .”3 Subdivision (d) of the statute requires a petition for recall of a sentence to specify both (1) the currently charged felonies that resulted in the current sentence, and (2) the prior convictions “alleged and proved” under the three strikes law.4 As a threshold matter, after a petition is filed the trial court must determine whether the petitioner is eligible to be considered for resentencing. Only then may the court exercise

3 Section 1170.126, subdivision…