People v. Wyatt CA3

DISCUSSION

Defendant’s first three strikes sentence (26 years to life) was for being a felon in possession of a firearm and carrying a concealed firearm in a vehicle while an occupant that occurred in 2006. His second three strikes sentence (a consecutive 50 years to life) was for possessing paraphernalia (a syringe) and possessing or manufacturing a weapon (a mental shank) while in jail that occurred in 2007. Five years after defendant’s last three strikes sentence, the electorate passed the Three Strikes Reform Act. Under the Three Strikes Reform Act, “prisoners currently serving sentences of 25 years to life for a third felony conviction which was not a serious or violent felony may seek court review of their indeterminate sentences and, under certain circumstances, obtain resentencing as if they had only one prior serious or violent

2 Defendant contends and the People concede that the denial of the resentencing petition is appealable. The issue of appealability is currently pending before the California Supreme Court. (See, e.g., Teal v. Superior Court (2013) 217 Cal.App.4th 308, review granted July 31, 2013, S211708 [court held it was not appealable]; People v. Hurtado…