People v. McKneialy CA2/2

DISCUSSION

I. Overview of section 1170.126

In November 2012, voters in California approved Proposition 36, which enacted section 1170.126. That statute established a procedure under which a defendant serving an indeterminate life sentence as a third strike offender for a non-serious or non-violent felony that was a strike under the pre-Proposition 36 version of the Three Strikes law could file a petition for recall of sentence and request resentencing as a second strike offender for that offense. (Teal v. Superior Court (2014) 60 Cal.4th 595, 596-597.) A petitioning inmate is eligible for resentencing if all three of the following criteria set forth in section 1170.126, subdivision (e) are satisfied: “‘(1) the [inmate] is serving an indeterminate life sentence for a crime that is not a serious or violent felony; (2) the life sentence was not imposed for any of the offenses appearing in sections 667[, subdivision (e)(2)(C) ] and 1170.12[, subdivision (c)(2)(C)]; and (3) the inmate has no prior convictions for any of the offenses appearing in clause (iv) of section 667[, subdivision (e)(2)(C)] or section clause (iv) of section 1170.12[, subdivision (c)(2)(C)].’ [Citation.]”…