People v. Bowden CA3

BACKGROUND

Defendant was convicted by jury of inflicting corporal injury on a former cohabitant resulting in a traumatic condition. Thereafter, the trial court found defendant was previously convicted of two strike offenses and sentenced him to serve an indeterminate term of 25 years to life in state prison. (Bowden, supra, C064732.) On November 6, 2012, California voters approved Proposition 36. “The Act changes the requirements for sentencing a third strike offender to an indeterminate term of 25 years to life imprisonment” (§§ 667, 1170.12) and “also created a postconviction release proceeding whereby a prisoner who is serving an indeterminate life sentence imposed pursuant to the three strikes law for a crime that is not a serious or violent felony and who is not disqualified, may have his or her sentence recalled and be sentenced as a second strike offender unless the court determines that resentencing would pose an unreasonable risk of danger to public safety. (§ 1170.126.)” (Yearwood, supra, 213 Cal.App.4th at pp. 167-168.) The following month, defendant filed a petition to recall his sentence and for resentencing under the Act. The trial court denied the petition,…