People v. Acosta CA4/2

BACKGROUND

On January 12, 2005, defendant pled guilty to one count of committing a lewd act

upon a child under the age of 14 (§ 288, subd. (a)) as alleged in count 7 of the

information. Defendant also admitted that he had suffered two prior strike convictions

(§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) for first making criminal threats in 1994

and 1999. In return, the remaining 16 charges and enhancement allegations were

dismissed. On June 13, 2005, the trial court sentenced defendant to a total indeterminate

term of 25 years to life in state prison with credit for time served.

On November 6, 2012, the electorate passed Proposition 36, also known as

the Three Strikes Reform Act. Among other things, this ballot measure enacted

section 1170.126, which permits persons currently serving an indeterminate life term

under the Three Strikes law to file a petition in the sentencing court, seeking to be

resentenced to a determinate term as a second striker. (§ 1170.126, subd. (f).) If the

trial court determines, in its discretion, that the defendant meets the criteria of

section 1170.126, subdivision (e), the court may resentence the defendant. (§ 1170.126,

subds. (f),…