Johnson v. Super. Ct. CA3

BACKGROUND

In 1999, defendant was convicted by jury of being a convicted felon in possession of a firearm in violation of Penal Code section 12021, subdivision (a). (Hereafter, unspecified code citations are to the Penal Code.) Because he had two prior robbery convictions, defendant was sentenced to an indeterminate term of 25 years to life under the Three Strikes law. 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 sentencing) and added section 1170.126 (relating to resentencing of defendants previously sentenced under the Three Strikes law). Among other things, the Act allows a defendant serving an indeterminate life term under the Three Strikes law to file a petition for resentencing. (§ 1170.126, subd. (b).) This proceeding deals exclusively with the resentencing provisions of the Three Strikes Reform Act, found in section 1170.126. A defendant is not eligible for resentencing under the Act if the defendant’s current conviction (here, the felon-in- possession conviction)…