People v. Smith

In 1996, a jury convicted defendant Scott Anthony Smith of possessing methamphetamine for sale and its sale or transportation. The trial court found true allegations defendant had five prior burglary convictions and sentenced him under the “Three Strikes” law to 25 years to life on count 1 and stayed the sentence on count 2. In an unpublished decision, this court affirmed the judgment. (People v. Smith (June 18, 1998, G020521) [nonpub. opn.].)

In the present case, defendant contends he is entitled to automatic resentencing under Proposition 36, the Three Strikes Reform Act of 2012 (Act). The Act changed “the Three Strikes law so that an indeterminate life sentence may only be imposed where the offender’s third strike is a serious and/or violent felony or where the offender is not eligible for a determinate sentence based on other disqualifying factors. (Pen. Code, §§ 667, subd. (e)(2)(C), 1170.12, subd. (c)(2)(C); all further statutory references are to the Penal Code).) The Act also enacted section 1170.126, establishing a procedure for an offender serving an indeterminate life sentence for a third strike conviction that is not defined as a serious and/or violent felony…