Arias

Penal Code section 1170.126 enumerates the criteria for postconvictidn release of third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. Excluded from resentencing are those inmates with prior convictions for “any of the offenses appearing in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or clause (iv) of subparagraph (C) of paragraph (2) of subdivision (c) of Section 1170.12.” (§ 1170.126, subd. (e)(3).) “Any homicide . . . defined in Sections 187 to 191.5, inclusive” is one such offense. (§§ 667, subd. (e)(2)(C)(iv)(IV), 1170.12, subd. (c)(2)(C)(iv)(IV).)

Barney Arias (defendant), an inmate serving a term of 26 years to life following conviction of felonies that were not violent (as defined by § 667.5, subd. (c)) or serious (as defined by § 1192.7, subd. (c)), filed a petition for resentencing under section 1170.126, subdivision (b). He has a prior juvenile adjudication for murder (§ 187). The trial court found him ineligible for resentencing and denied the petition.

On appeal, defendant argues his prior juvenile adjudication should not render him ineligible for resentencing…