The People v. Crabtree CA4/2

INTRODUCTION

Defendant, Rebecca Crabtree, is serving 29 years in prison after a jury convicted

her in 2000 of attempted murder (Pen. Code, §§ 664/187, subd. (a))1 and found true

allegations that she personally used a firearm (§§ 12022.5, subd. (a)(1), 12022.53, subd.

(b)) and personally and intentionally discharged a firearm (§ 12022.53, subd. (c)).

In April 2013, defendant petitioned the superior court to recall her sentence under

section 1170.126. The trial court denied the petition on the grounds that defendant’s

commitment offense, attempted murder, is a severe and violent felony that disqualifies

defendant from resentencing under section 1170.126, subdivision (e), and that she was

not sentenced under the Three Strikes Law in the first place, having been sentenced to

years for the attempted murder and 20 years for the firearm enhancement.

This appeal followed.

DISCUSSION

After the notice of appeal was filed, this court appointed counsel to represent

defendant. Counsel has filed a brief under the authority of People v. Wende (1979)

Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d

493], setting forth a statement of the case,…