People v. Super. Ct. CA4/2

STATEMENT OF FACTS

Real party in interest (Cruz) was convicted of petty theft with a prior (§ 666) in

1995 and also admitted having suffered two prior “strikes” within the meaning of former

section 667, subdivisions (b)-(e), as then in effect. He was sentenced to an

indeterminate term of 25 years to life.

In 2012 the electorate, by initiative measure (Proposition 36), amended

section 667 so that many of those defendants who have two prior “strikes” but whose

current conviction is not for a “serious or violent felony” are subject only to a doubled

base term sentence (§ 667, subd. (e)(1)) rather than the minimum 25-to-life terms

1 Please note that the Abstract of Judgment filed September 23, 2013, shows real party’s name as Anthony “Frederico” Cruz. All current documents refer to him as Anthony “Federico” Cruz.

All subsequent statutory references are to the Penal Code.

This court initially issued the order to show cause rather than a summary denial to explain why the result in this case differs from that reached in a similar case in which this court issued a published opinion. Subsequently, however, the Supreme Court ordered that decision depublished, and it is not…