Anthony

DISCUSSION

To understand the issue presented in this case, we must first begin with the portion

of the Three Strikes Reform Act that governs the outcome. Section 1170.126,

subdivision (e)(1), provides as follows: “(e) An inmate is eligible for resentencing if: [¶]

(1) The inmate is serving an indeterminate term of life imprisonment imposed pursuant

to paragraph (2) of subdivision (e) of Section 667 or subdivision (c) of Section 1170.

for a conviction of a felony or felonies that are not defined as serious and/or violent

felonies by subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.”

If defendant’s only third-strike commitment offense were first degree burglary,

which is a serious or violent felony under sections 667.5, subdivision (c)(21) and 1192.7,

subdivision (c)(18), this would be an easy case—he would not be eligible for

resentencing on that conviction. Similarly, if defendant’s only third-strike commitment

We note that the California Supreme Court has granted review in cases that have found that the trial court’s order on a postjudgment petition pursuant to section 1170.126 is a nonappealable order. (See, e.g., Teal v. Superior Court…