People v. Saunders CA4/1

discussion of the facts of the "current offenses" as well as the facts underlying the three

strike priors.

DISCUSSION

A. Background

In November 2012 the voters enacted the Three Strikes Reform Act (Proposition

36) to limit the types of felonies that will prospectively qualify a person for imposition of

the indeterminate life sentence required for a "third strike" conviction. In addition, the

measure created a resentencing mechanism for those previously sentenced to life terms

under the previous version of the three strikes law. (People v. Yearwood (2013) 213

Cal.App.4th 161, 167.) Thus, the statute redefines which crimes qualify in the future,

separately from the resentencing process it established.

Under section 1170.126, subdivision (a), a person who was sentenced to a life

term for a "current offense" for which the person would not be eligible for such sentence

under the new statute, may petition the court for resentencing. The trial court first

determines eligibility and then if the inmate is eligible for resentencing, it should conduct

a hearing to determine whether resentencing is appropriate under all the provisions of the

statute. (§ 1170.126, subds.…