People v. Divincenzo CA4/2

FACTS AND PROCEDURAL HISTORY

Defendant was charged by information in January 1997 with one count of first

degree residential burglary. After over three years of delays, defendant eventually

pleaded guilty in June 2000. In December 2000, the court sentenced defendant as a third

striker to a prison term of 25 years to life.1 In March 2013, after the passage of

Proposition 36, reforming the Three Strikes law, defendant in propria persona filed a

petition to recall the sentence and requesting resentencing. The trial court found that

defendant was not eligible under the criteria of Proposition 36 for resentencing, and

denied the petition.

Defendant filed a notice of appeal after this ruling.

1 The amended information alleged two strike priors: a conviction in January of 1990 for residential (first degree) burglary, and a conviction in December of 1990 for another residential (first degree) burglary. The amended information also alleged three prior conviction enhancements: the first two enhancements were five-year priors (Pen. Code, § 667, subd. (a)(1)), based on the same convictions as the strike priors. The third prior conviction enhancement allegation was a one-year prior…