People v. Jones CA2/2

DISCUSSION

I. The Petition

In his August 20, 2013 petition, defendant argued that he qualified for recall of sentence and resentencing to a determinate second-strike sentence pursuant to section 1170.126, which was adopted by Proposition 36, section 6 at the November 6, 2012 general election, and which was effective the following day. He asserted that corporal injury to a spouse and criminal threats were not serious or violent felonies within the meaning of section 1192.7, subdivision (c) or section 667.5, subdivision (c), respectively,

All further references to statutes are to the Penal Code unless stated otherwise. We do not include a statement of facts regarding defendant’s crimes, since the facts are not relevant to the instant case.

2 in 1994 (the year he committed his crimes), or in 1995 (the year of his conviction and sentence). The crime of making criminal threats did not become a serious felony until the enactment of Proposition 21 on March 7, 2000, almost six years after he committed his crime and almost five years after his convictions (§ 1192.7, subd. (c)(38)). Defendant noted that making criminal threats was never a violent felony (§ 667.5, subd.…