People v. Ashanti CA2/1

FACTS AND PROCEEDINGS BELOW

In 1980, Ashanti was convicted of murder as a juvenile. In 1988, Ashanti was convicted of rape. In 1996, Ashanti was convicted of joy riding (Veh. Code, § 10851, subd. (a)) and sentenced to 25 years-to-life under the Three Strikes Law (former Pen. Code, § 1170.12, subd. (c)(2).)1 In November 2012, California voters enacted Proposition 36 (the Three Strikes Reform Act of 2012). As a general rule, under the Three Strikes Law as amended. a defendant with two prior serious or violent felony convictions who is convicted of a third felony that is non-serious and non-violent will no longer automatically face an

1 All statutory references are to the Penal Code.

2 indeterminate term of 25 years to life in prison. (§ 1170.12, subd. (c)(2)(C).)2 Instead, these offenders will be given the same sentence as offenders with two strikes under the former law. Proposition 36 also provides a procedure by which a person presently serving an indeterminate life sentence imposed pursuant to the former Three Strikes Law may petition to have that sentence recalled and to be resentenced as a second-strike offender if the current offense is not a serious or violent felony and…