Jernigan

I. INTRODUCTION

Defendant, Lance Lamont Jernigan, is subject to two concurrent 25-year-to-life sentences. Defendant seeks to have his indeterminate sentences recalled and be resentenced to a determinate term pursuant to Penal Code section 1170.126, subdivision (f). The trial court ruled defendant’s prior serious felony conviction for attempted forcible oral copulation disqualified him from seeking resentencing. (§§ 288a, subd. (c)(2)(A), 664, subd. (a), 667, subd. (e)(2)(C)(iv)(I), 1170.12, subd. (c)(2)(C)(iv)(I), 1170.126, subd. (e)(3); Welf. & Inst. Code, § 6600, subd. (b).) In the published portion of this opinion, we hold that defendant’s prior attempted, forcible oral copulation serious felony conviction did not bar him from seeking resentencing. Thus, upon remittitur issuance, the trial court must exercise its discretion and determine whether defendant, if released, poses an unreasonable risk of danger to the public. If he does, his petition must be denied. (§ 1170.126, subd. (f); People v. Superior Court (Kaulick) 215 Cal.App.4th 1279, 1293-1294, fn. 12 [ 155 Cal.Rptr.3d 856 ].)

H. BACKGROUND

Defendant was convicted in 1997 of grand theft of an automobile (§…