People v. Ramirez CA4/1

BACKGROUND

A. Third Strike

In 1994, defendant was arrested for selling three "chunks of rock cocaine base" to

an undercover police officer, in violation of Health and Safety Code section 11352,

subdivision (a), a nonserious and nonviolent offense. In that case, the People pleaded and

proved defendant's three prior serious or violent felonies, discussed post. After being

found guilty in a jury trial, the court sentenced defendant to 25 years to life in state prison

(Pen. Code, § 667, subds. (b)-(i)).2

1 Unless otherwise noted, all statutory references are to the Penal Code.

2 After an appeal, the trial court in 1996 struck one enhancement (not relevant to our considerations here) and resentenced defendant to 25 years to life in state prison. 2 B. Proposition 36

In 2012, the California electorate approved Proposition 36, which reformed

California's "three strikes" sentencing regime. Among other changes, it enacted section

1170.126, which provides that an inmate serving an indeterminate life sentence for a third

strike conviction that is not defined as a serious and/or violent felony may petition to

have his or her sentence recalled. Upon finding that…