People v. Strawn CA4/2

BACKGROUND

On December 19, 1994, defendant pled guilty to two counts of first degree

burglary (§ 459) and admitted to having two prior strike convictions (§§ 667, subds. (b)-

(i), 1170.12, subds. (a)-(d)). On that date the trial court sentenced defendant, as agreed,

to two consecutive terms of 25 years to life.

On November 6, 2012, the electorate passed Proposition 36, also known as the

Three Strikes Reform Act. Among other things, this ballot measure enacted section

1170.126, which permits persons currently serving an indeterminate life term under the

“Three Strikes” law to file a petition in the sentencing court, seeking to be resentenced to

a determinate term as a second striker. (§ 1170.126, subd. (f).) If the trial court

determines that the defendant meets the criteria of section 1170.126, subdivision (e), the

court may, in its discretion, resentence the defendant. (§ 1170.126, subds. (f) & (g).)

Section 1170.126, subdivision (e), provides, as pertinent here, that a defendant is

eligible for resentencing if he or she is serving an indeterminate term of life

imprisonment imposed pursuant to paragraph (2) of subdivision (e) of section 667 or

subdivision (c) of…