People v. Holt CA4/3

FACTS

On August 28, 1998, a jury convicted Holt of conspiracy to commit robbery (Pen. Code, §§ 182.1, 211).2 On October 30, 1998, the trial court found Holt suffered two prior serious felony convictions, a 1988 robbery conviction and a 1990 robbery conviction, and the conspiracy to commit robbery conviction was a third strike conviction (Pen. Code, §§ 667, subds. (d) & (e)(2), 1170.12, subds. (b) & (c)(2)). The court sentenced Holt to 25 years to life for conspiracy to commit robbery. We affirmed Holt’s conviction in August 2000. (People v. Holt (Aug. 30, 2000, G024387) [nonpub. opn.].) Our decision became final on November 8, 2000. Twelve years later, Proposition 36 (the Three Strikes Reform Act of 2012) amended sections 667 and 1170.12 to limit Three Strikes sentences to current convictions for serious or violent felonies and a limited number of other felonies unless the offender has a prior strike conviction that falls within one of several enumerated categories. Section 1170.126 establishes a procedure for qualified inmates serving indeterminate life sentences under the Three Strikes law to seek resentencing under the terms of the amended law. However, section 1170.126,…