People v. Clapham CA1/3

BACKGROUND

In 2007, Clapham entered a no contest plea to indecent exposure and admitted prior strikes that include a 1995 conviction for assault with intent to commit a lewd and lascivious act on a child under the age of 14 (§§ 220, 228). He received an indeterminate sentence of 25 years to life in prison.

1 Unless otherwise noted, further statutory references are to the Penal Code. 1 On January 3, 2013, defendant moved to vacate his sentence and for resentencing under the Reform Act. After a hearing, the court denied his motion because his 1995 strike conviction was a sexually violent offense as specified by Welfare and Institutions Code section 6600.1, and therefore Clapham was disqualified from resentencing under the Reform Act. The court alternatively found that a post-sentence probation report related to the 1995 conviction supported a finding that the offense was forcible, and for that reason as well found Clapham ineligible for resentencing. Clapham filed this timely appeal.

DISCUSSION

I. The Reform Act

Voters approved the Reform Act in 2012, thereby amending the “Three Strikes” law so that an indeterminate prison term of 25 years to life may be imposed as a third…