Schinkel, Jr. v. Super. Ct.

BACKGROUND

Defendant, who had prior strike convictions (specifically, he had six prior burglary convictions), engaged in sexual intercourse with a minor. After he was arrested on the charges related to the minor, he solicited another inmate to have the minor killed so that she could not testify against him. Convicted of four counts of sexual intercourse with a minor (Pen. Code, § 261.5, subd. (c)) and solicitation of murder (Pen. Code, § 653f, subd. (b)), defendant was eventually sentenced under the Three Strikes law to an indeterminate term of 25 years to life for solicitation of murder with two consecutive 25-year-to-life terms for two of the sexual intercourse counts, for an aggregate term of 75 years to life. Two 25-year-to-life terms for the other sexual intercourse counts were imposed

2 concurrently. (People v. Schinkel (Aug. 27, 2002, C036877) [nonpub. opn.].) (Hereafter, unspecified code citations are to the Penal Code.) In November 2012, California voters passed Proposition 36, the Three Strikes Reform Act of 2012, which we refer to in this opinion as the Three Strikes Reform Act or, simply, the Act. The Act amended sections 667 and 1170.12 (relating to Three Strikes…