People v. Vicario CA4/2
Opinion
Opinion
INTRODUCTION
On July 16, 2008, a jury found defendant and appellant Alfred Vicario guilty of
shooting at an inhabited dwelling under Penal Code1 section 246, and possession of a
firearm by a felon under section 12021, subdivision (a)(1). Thereafter, the trial court
found that defendant previously had been convicted of two serious or violent felonies
under sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through
(i)); and that defendant had three prison priors under section 667.5, subdivision (b).
On February 3, 2009, the court denied probation and sentenced defendant under
the Three Strikes Law for a total term of 53 years-to-life as follows: two consecutive 25-
years-to-life sentences for the convictions, in addition to three consecutive years for his
prison priors.
Defendant appealed. On January 22, 2010, we affirmed the judgment in Case
Number E047749.
On November 6, 2012, the California electorate approved Proposition 36, the
Three Strikes Reform Act of 2012 (the Act). The Act amended sections 667 and
1170.12, and added section 1170.126. (See People v. Yearwood (2013) 213 Cal.App.4th
161, 167 (Yearwood).)