People v. Castaneda CA4/2

STATEMENT OF THE CASE

In 1982, defendant and appellant Cesar Cortez Castaneda was charged with

committing robbery, a violation of Penal Code section 211;1 he was ultimately convicted

and sentenced on that case. In 1999, defendant pled guilty to committing another robbery

under Penal Code section 211. On August 25, 2005, defendant was convicted on two

counts of attempted carjacking under Penal Code sections 215, subdivision (a), and 664.

He also pled guilty to possession of a controlled substance under Health and Safety Code

section 11350. Defendant received a sentence of 35 years to life in state prison under the

“Three Strikes” law under Penal Code sections 1170.12, subdivisions (a) through (d), and

667, subdivisions (b) through (i).

On November 3, 2014, defendant filed an in propria persona petition for

resentencing under Proposition 36, the Three Strikes Reform Act of 2012, section

1170.126. On November 3, 2014, the trial court denied defendant’s petition on the

ground that “defendant’s criminal history makes him[] ineligible for resentencing because

he was convicted of 664/215 [attempted carjacking] PC, a strike offense.”

Defendant filed timely notices of appeal…