People v. Johnson CA2/5

Background In November 2012, the voters enacted the Three Strikes Reform Act (Proposition 36) to limit the types of felonies that qualify a defendant for imposition of the indeterminate life sentence required for a “third strike” conviction. In addition, the measure created a resentencing mechanism for inmates previously sentenced to life terms under the previous version of the Three Strikes law. (People v. Yearwood (2013) 213 Cal.App.4th 161, 167.) The provisions of Proposition 36 are found in section 1170.126. Proposition 36 does not apply to all inmates serving an indeterminate term under the Three Strikes law. An inmate must meet the requirements of section 1170.126, subdivision (e). That subdivision provides that an inmate is not eligible for resentencing

1 All further statutory references are to the Penal Code unless otherwise specified.

2 if he is serving a sentence for any violent felony listed in section 667.5, subdivision (c). (§ 1170.126, subd. (e)(1).) Appellant’s current sentence is for robbery, which is a violent felony listed in section 667.5, subdivision (c)(9). The trial court found that appellant’s robbery convictions made him ineligible for…