Machado

BACKGROUND

According to defendant’s petition for resentencing, a jury convicted him in 1998 of one count of first degree burglary and one count of second degree burglary. Defendant waived a jury trial on two strike allegations, both robberies, and the court found these allegations true. The court sentenced defendant to consecutive third-strike terms of 25 years to life. Defendant filed a petition for resentencing, listing his current and prior offenses, and requesting resentencing on both of his commitment offenses. The trial court denied the petition, stating defendant’s first degree burglary conviction rendered him ineligible for resentencing.

Undesignated statutory references pertain to the Penal Code.

DISCUSSION

A. Appealability The Attorney General contends the trial court’s order was not appealable. The appellate courts have reached conflicting conclusions on this issue, which is pending before the California Supreme Court in Teal v. Superior Court (2013) 217 Cal.App.4th 308, review granted July 31, 2013, S211708, and In re Martinez (2014) 223 Cal.App.4th 610, review granted May 14, 2014, S216922. This division concluded in People v. Hurtado (2013) 216…