People v. Hamilton CA2/1

BACKGROUND

As far as the record reveals, defendant was charged with, and convicted of, having made criminal threats, in violation of section 422. The information alleged the crime was committed in January of 2000. At that time, criminal threats was not included in the list of “serious” felonies set forth in section 1192.7, subdivision (c). Defendant had prior convictions of first degree burglary, kidnapping, and second degree robbery, all of which were “serious” felonies in January of 2000. In September of 2000, defendant was sentenced to a third strike prison term of 25 years to life. On March 7, 2000, the electorate approved Proposition 21, which, inter alia, amended the list of “serious” felonies set forth in section 1192.7, subdivision (c) to include criminal threats. (Voter Information Guide, Primary Elec. (Mar. 7, 2000) text of Prop. 21, § 17, p. 125; John L. v. Superior Court (2004) 33 Cal.4th 158, 165; § 1192.7, subd. (c)(38).) The provisions of Proposition 21 took effect on March 8, 2000. Proposition 36, also known as the Three Strikes Reform Act of 2012, was approved by the voters on November 6, 2012, and went into effect the next day. It amended sections 667 and…