Guilford

Defendant Michael Guilford appeals from an order denying his petition to recall his sentence under the Three Strikes Reform Act of 2012 (the Act, enacted by Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012); Pen. Code, §§ 667, 1170.12, 1170.126 ).

Although the Act contains some provisions affecting sentencing taking place after its operative date, as relevant to this appeal, the Act also sets forth a mechanism for relief for some existing three strikes inmates. That part of the Act creates a two-step process. First, the trial court determines whether a defendant is qualified or disqualified from seeking a recall of sentence. Second, if and only if a defendant is found to be qualified, the trial court conducts a hearing, and then applies certain standards to determine whether the defendant’s sentence should be lessened. (See People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, 1292-1294 [ 155 Cal.Rptr.3d 856 ] (Kaulick); People v. Yearwood (2013) 213 Cal.App.4th 161, 167-168 [ 151 Cal.Rptr.3d 901 ] (Yearwood).) This appeal involves only the first step.

Defendant contends (1) the trial court improperly considered our prior opinion on direct appeal from…