Anderson

BACKGROUND

A jury convicted defendant of petty theft with a prior. (Pen. Code, § 666.) He had two prior strike convictions. In February 1999, the trial court sentenced defendant to a three strikes sentence of 25 years to life in prison. The Act, enacted by the voters pursuant to Proposition 36, changed the three strikes law by reserving a life sentence for cases where the current crime is a serious or violent felony or the prosecution has pleaded and proved an enumerated disqualifying

1 Undesignated statutory references are to the Penal Code.

2 After we originally filed this opinion, we granted rehearing and directed the parties to submit supplemental briefing limited to whether defendant is entitled to Wende review on an appeal from the denial of his petition for recall and resentencing pursuant to section 1170.126. We have reviewed and considered the briefs filed by the parties.

2 factor. (People v. Yearwood (2013) 213 Cal.App.4th 161, 167.) The Act also allows an inmate to file a petition for recall of sentence, and request resentencing, if the inmate is serving an indeterminate life sentence imposed pursuant to the three strikes law for a crime that is not a serious or…