Spiller

INTRODUCTION

Proposition 36, also known as the Three Strikes Reform Act of 2012 (Proposition 36 or the Act) created a postconviction release proceeding for offenders serving indeterminate life sentences under the three strikes law for crimes that are not serious or violent felonies. (Pen. Code, § 1170.126.) One of the factors rendering an inmate statutorily ineligible for resentencing is the presence of any prior convictions for so-called super strikes, offenses specified in section 667, subdivision (e)(2)(C)(iv) or section 1170.12, subdivision (c)(2)(C)(iv). (§ 1170.126, subd. (e)(3).)

In this opinion, we answer the question of what is a prior conviction under Proposition 36: Must it occur prior to the conviction resulting in the inmate’s third strike sentence, or may it occur prior to the court’s ruling on the inmate’s petition for resentencing? We conclude a prior disqualifying conviction must occur prior to the inmate’s conviction resulting in the inmate’s indeterminate life sentence under the three strikes law.

Defendant Thomas Lee Spiller, currently serving a third strike indeterminate life sentence for a nonserious and nonviolent offense, petitioned the superior…