People v. Jones CA2/6

DISCUSSION

The order denying Jones's petition for resentencing is appealable. (§ 1237, subd. (b); Teal v. Superior Court (2014) 60 Cal.4th 595, 597.) Under the three strikes law as it existed before Proposition 36, a defendant convicted of two prior serious or violent felonies was subject to a sentence of 25 years to life upon conviction of any third felony. The Act reduces punishment for certain offenders whose current convictions are not serious or violent. Prisoners who are currently serving an indeterminate sentence for a third felony conviction, which was not a serious or violent felony, may seek resentencing as a second strike offender to a determinate term. (§ 1170.126.) A defendant is not eligible for resentencing under the Act if his or her current conviction is for a serious or violent felony. (§§ 1170.126, subd. (e)(1), 667.5, subd. (c), 1192.7, subd. (c).) Taking a vehicle without the owner's consent is not a serious or violent felony. (§§ 667.5, subd. (c), 1170.12, subd. (c).) But evading a police officer causing death is. (§ 1192.7, subd. (c)(8).) The question whether an inmate is eligible for resentencing on a qualifying current conviction if he or she…