People v. Anderson CA4/1

INTRODUCTION

Defendant Kenneth Jerome Anderson is serving, as a third strike recidivist

offender, an aggregate state prison sentence of 81 years to life imposed in 1996 under the pre-Proposition 36 version of California's Three Strikes law (Pen. Code,1 §§ 667, subds.

(b)–(i), 1170.12, subds. (a)–(d)). He appeals an order denying his post-Proposition

petition under section 1170.126 in which he requested that two of the three consecutive

25-year-to-life sentences that are included in his aggregate sentence be recalled and that

he be resentenced as a second strike offender.

As this appeal involves the interpretation of Proposition 36, and in order to

provide necessary context in framing the issue presented, we must first explain the

pertinent provisions of Proposition 36 and summarize relevant portions of the procedural

background of this case.

Overview of Proposition

In Teal v. Superior Court (2014) 60 Cal.4th 595, 596-597 (Teal), the California

Supreme Court succinctly explained the relevant provisions of Proposition 36 and the

petition procedure at issue here for recalling a sentence imposed under the pre-

Proposition 36 version of the Three Strikes…