People v. Lawrence CA4/2

FACTS AND PROCEDURAL HISTORY

In 2010, defendant was convicted of a gas station robbery he committed in May

2008. Defendant was sentenced as a third striker for the 2008 robbery, based upon seven

prior strike convictions, arising from a series of robberies he had committed in North

Carolina in 1983 and 1984. He received a sentence of 25 years to life for the 2008

robbery, with other enhancements, resulting in a total indeterminate term of 31 years to

life. This court affirmed the judgment, with minor corrections to the abstract of

judgment, in November 2010.

In November 2012, the voters passed Proposition 36, the Three Strikes Reform

Act, which created a procedure for third strike offenders to petition for resentencing, if

the offender is serving an indeterminate life term for a third strike conviction that is not a

serious or violent felony. If the offender meets the criteria set forth in Penal Code

section 1170.126, subdivision (e), he or she may be resentenced as a second striker,

unless the court determines that such resentencing would pose an unreasonable risk of

danger to public safety.

Penal Code section 1170.126, subdivision (b), contains a two-year time…