People v. Shaw CA4/2
Opinion
Opinion
STATEMENT OF THE CASE
On May 6, 2003, following a jury trial, defendant and appellant Ronald James
Shaw was convicted of violating Penal Code1 section 666, petty theft with a prior. The
jury also found true three prison priors and two Three Strike priors. The first strike prior
was a conviction on April 24, 1984, of rape under section 261.2. The second strike prior
was a conviction on March 12, 1993, of robbery under section 211. On February 27,
2004, defendant was sentenced to a total indeterminate term of 25 years to life.
On January 6, 2014, defendant filed an in propria persona petition for resentencing
under section 1170.126. The court denied the petition on January 10, 2014, finding
defendant ineligible because of the prior strike conviction for rape. Defendant then filed
a second in propria persona petition for recall of sentence on September 19, 2014. The
court once again denied the petition based upon the prior strike for his rape conviction.
On November 7, 2014, defendant filed a timely notice of appeal indicating that it
was an appeal from an order finding defendant ineligible for resentencing as a matter of
law under section 1170.126.