People v. Singletary CA4/2

DISCUSSION

Defendant contends the court erred in determining he was ineligible for

resentencing pursuant to section 1170.126 because one of the substantive offenses upon

which defendant was sentenced, possession of a controlled substance, was not a serious

or violent felony. Thus, defendant argues he was statutorily eligible for resentencing

with respect to the count 3 offense for which the court imposed a concurrent 25 years to

life sentence. We disagree.

Section 1170.126 “provides a means whereby 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 felony

conviction.” (People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, 1286.)

“First, the court must determine whether the prisoner is eligible for resentencing; second,

the court must determine whether resentencing would pose an unreasonable risk of

danger to public safety; and third, if the prisoner is eligible and resentencing would not

3 pose an unreasonable risk of…