People v. Martinez CA2/1

BACKGROUND

Defendant was convicted of first degree burglary and dissuading a witness in violation of section 136.1, subd. (c)(1). Defendant waived a jury trial on five strike allegations (four residential burglaries and a robbery), and the court found these allegations true. The court sentenced defendant to concurrent third-strike terms of 25 years to life, plus 15 years on each count for three section 667, subdivision (a)(1) prior serious felony enhancements. In 2014 defendant filed a petition for Proposition 36 resentencing with respect to his dissuading conviction. The trial court denied the petition on the ground defendant’s first degree burglary conviction rendered him ineligible for resentencing.

DISCUSSION

Proposition 36, also known as the Three Strikes Reform Act of 2012, was approved by the voters on November 6, 2012, and went into effect the next day. It amended sections 667 and 1170.12 so that an indeterminate term of 25 years to life in prison is applied only where the “third strike” offense is a serious or violent felony or the

Undesignated statutory references pertain to the Penal Code.

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