People v. Reed CA4/2

INTRODUCTION

On May 26, 2009, an amended information charged defendant and appellant

Antoine Reed with unlawful possession of a controlled substance, to wit, cocaine (Health

& Saf. Code, § 11350, subd. (a)), with four prior prison terms (Pen. Code,1 § 667.5, subd.

(b)). The amended information also alleged two prior robbery convictions under section

211, which qualified as prior strike offenses under the Three Strikes law (§§ 667, subds.

(c), (e)(2); 1170.12, subd. (c)(2)).

Following his conviction, on September 29, 2009, the trial court denied

defendant’s motion to dismiss one of the prior strikes in the interests of justice.

Thereafter, the court sentenced defendant to prison for 25 years to life, plus four years for

the prior prison terms, for a total of 29 years to life. The court awarded defendant 345

days of presentence custody credits, including 231 actual and 114 local conduct days.

On January 22, 2013, defendant filed a petition to recall his indeterminate life

sentence under the newly amended Three Strikes law. After numerous continuances, on

January 24, 2014, the trial court granted defendant’s petition and resentenced defendant

to the high term of three…