Atkins

I. INTRODUCTION

This appeal arises from the denial of a Penal Code1 section 1170.126 resentencing petition. The trial court2 ruled defendant, Gene Atkins, was ineligible for resentencing because his current convictions include criminal threats, a serious felony. However, the sole indeterminate life term defendant is serving is for stalking, a non-serious, non- violent felony. Defendant is not serving an indeterminate sentence for a serious or violent felony. Rather, defendant is subject to one stayed indeterminate term and three determinate terms for criminal threats, a serious felony. In the published portion of this opinion, we hold that defendant’s mere conviction of four serious felonies for criminal threats does not permit the denial of his resentencing petition. We reverse the denial order and, and upon remittitur issuance, allow the trial court to reconsider its decision for reasons discussed in the unpublished portion of this opinion.

II. BACKGROUND

The underlying facts are set forth in our prior opinion on appeal, which we have judicially noticed without objection. (People v. Atkins (July 16, 2003, B161010) [nonpub. opn.].) In the fall of 1998, K.W. became involved in…