The People v. McKinnie CA3

BACKGROUND

On November 7, 2010, law enforcement officers stopped defendant’s car. As he got out of the car, he struggled with the officers. On the ground, next to the driver’s side

Further undesignated section references are to the Penal Code.

1 door of the car, the officers saw a baggie which contained individually wrapped rocks of cocaine. Defendant pled as described ante. After denying defendant’s motion to strike his strikes, the trial court sentenced him to a state prison term of 27 years to life on count 1 (25 years to life based on the two prior strikes, plus two years for the prior prison terms), with the same term imposed but stayed as to count 2. Defendant’s appellate counsel originally filed a Wende2 brief. On November 30, 2012, counsel moved to strike the Wende brief and to file a standard brief for appellant. This court granted the motion on December 7, 2012.

DISCUSSION

Defendant contends that in light of the voters’ approval of Proposition 36 (the Three Strikes Reform Act of 2012) on November 6, 2012 (codified as § 1170.126), and the principles established in People v. Estrada (1965) 63 Cal.2d 740, he is entitled to automatic, nondiscretionary resentencing…