People v. Green CA1/4

BACKGROUND

Green was convicted by jury verdict of second degree robbery (Pen. Code,1 §§ 211, 212.5) in 1998, with two strike priors for attempted robbery from 1991 and 1993 (§§ 211, 212.5, 664, 667, subds. (b)-(j)), which also qualified as serious felony priors under section 667, subdivision (a). He was sentenced to 35 years to life in prison and has been incarcerated ever since. (§§ 667, subds. (a), (e), 1170.12, subd. (c)(2)(A)(ii).)

1 Statutory references are to the Penal Code.

1 Represented by counsel in the trial court, Green filed a petition to recall his sentence and for resentencing pursuant to section 1170.126. That statute permits inmates who were sentenced to a third-strike term for a relatively minor offense (non-violent and non-serious) to be resentenced in certain circumstances. Generally, it allows third- strikers who were sentenced to a third-strike term (indeterminate term of 25 years to life) to instead be given a second-strike sentence (double the base term). (§§ 667, subds. (e)(1), (e)(2)(C), 1170.126, subds. (a) [resentencing applies “exclusively to persons presently serving an indeterminate term of imprisonment . . . , whose sentence under this act would…