People v. Young CA4/2

FACTS AND PROCEDURAL HISTORY

Defendant was convicted in 1997 of robbery (Pen. Code, § 211) and felony

evading an officer (Veh. Code, § 2800.2). He had a large number of prior strike offenses

from 1985 and 1989, consisting of 14 robbery convictions and two convictions of assault

with a deadly weapon. Four of the strikes (three of the robberies and one of the assaults)

involved great bodily injury enhancements under Penal Code section 12022.7. In

September 1997, defendant was sentenced to a three strikes term of 25 years to life for

the robbery, and a consecutive three strikes term of 25 years to life for the felony

conviction of evading an officer. The court also imposed two five-year enhancements for

prior serious felony convictions, and two one-year enhancements for prior prison terms.

All enhancements were run consecutively to the other sentences. Defendant’s total

sentence was 62 years to life.

The Three Strikes Reform Act of 2012 (hereafter, the Act), which was passed

under the ballot designation of Proposition 36, provided for a different sentencing

scheme, going forward, for defendants whose purported third strike was a nonserious,

nonviolent felony. The Act…