People v. Washington CA2/3

BACKGROUND

Following a trial held in 1996, a jury found Washington guilty of first degree burglary in violation of section 459 and determined he previously had been convicted of two serious felonies within the meaning of section 667, subdivision (a) and the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). On February 3, 2014, Washington, acting in propria persona, filed a petition for modification of his sentence in the 1996 case pursuant to section 1170.126, a statute enacted as a result of the 2012 passage of Proposition 36. Washington asserted he had committed no violent acts in his criminal history, which ranged from the 1980’s to 1996, and his current release date of 2030 amounted to an injustice and was “unjustifiable.” Washington indicated the trial court had abused its discretion by denying his petition for modification of his Three Strikes sentence imposed for his conviction of first degree residential burglary because, in committing that crime, he merely broke a window. He had not entered the house or taken any property from inside. Under these circumstances,

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 In…