The People v. Reliford CA4/2

FACTS AND PROCEDURE

In January of 1997, defendant burglarized the home of a woman who attended the

church where he was a minister. Defendant apparently broke the window from the

outside, then reached to unlock the window. Defendant’s fingerprints were found on the

broken glass inside the victim’s apartment.

On September 21, 1998, a jury convicted defendant of first degree residential

burglary (§ 459). Also found true were allegations that defendant had a serious prior

felony (§ 667, subd. (a)(1)), a one-year prison prior (§ 667.5, subd. (b)), two strike priors

(§§ 667, subds. (b) – (i) & 1170.12, subds. (a) – (d)).

On July 2, 1999, the trial court sentenced defendant to five years for the serious

prior felony, plus one year for the prison prior, to be followed by 25 years to life for the

third strike.

On December 14, 2012, defendant filed a pro per petition for resentencing under

section 1170.126. On January 14, 2013, the superior court denied the petition because

defendant did not satisfy the criteria in subdivision (e) that his current commitment

offense not be for a serious felony listed in section 1192.7, subd. (c). This appeal

followed.

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