Davis

BACKGROUND

On December 11, 1998, a San Mateo jury found defendant guilty as charged of being a past-convicted felon in possession of a firearm, itself a felony under former section 12021, subdivision (a)(1). 2 The trial court (Hon. Barbara J. Mallach) then found true enhancement allegations that defendant had 1991 and 1995 convictions for armed robbery. After denying defendant’s motion to strike one of these priors, Judge Mallach sentenced him to state prison for a Three Strikes law term of 25 years to life. This court affirmed the judgment. (People v. Davis (July 7, 2000, A086052) [nonpub. opn.].) At the 2012 General Election, the voters adopted the Three Strikes Reform Act as an initiative measure, thereby amending the two Three Strike statutes (§§ 667, 1170.12) to authorize 25 year to life terms only where the “third strike” conviction is a serious or violent felony. The initiative also added section 1170.126, which establishes the procedure for persons already sentenced under the Three Strikes law to apply for a

2 Effective January 1, 2012, this provision was repealed and reenacted without substantive change as section 29800, subdivision (a). (See Cal. Law Revision Com. com.…