People v. Scott CA4/1

INTRODUCTION

Lionel A. Scott, who is serving an indeterminate term of 75 years to life, contends

the trial court erroneously denied his petition to recall his sentence under the Three

Strikes Reform Act of 2012 (Reform Act) (Pen. Code, § 1170.126).1 Scott contends he

is eligible for resentencing for two of his six current felony offenses—two counts of oral

copulation by an adult with a minor under 16 years of age (§ 288a, subd.

(b)(2))because he asserts these are "non-serious non-violent felonies." Scott asks us to

determine if an inmate is eligible to be resentenced for offenses that are not serious or

violent felonies even though he concedes the other felony offenses for which he is

currently serving an indeterminate life term—forcible rape (§ 261, subd. (a)(2)), forcible

oral copulation (§ 288a, subd. (c)(2)), and unlawful sexual intercourse with a minor under

the age of 16 (§ 261.5, subd. (d))—are not eligible for resentencing. The Supreme Court

is currently considering this issue in Braziel v. Superior Court, review granted July 30,

2014, S218503, and People v. Machado, review granted July 30, 2014, S219819.

We need not enter into this fray because the two…