People v. Tyler CA2/1

BACKGROUND

On July 11, 1996, Tyler approached Anthony Webster in the garage of an apartment complex and asked for directions to the elevator. After a brief conversation, Webster entered the elevator, but as the doors were closing Tyler forced them open, pulled out a gun, and pointed it at Webster. Webster grabbed Tyler in response, and during the ensuing struggle Tyler fired three shots, the last of which struck Webster in the forearm. Tyler pleaded guilty to possession of a firearm by a felon (former § 12021.1, subd. (a)(1)) and admitted he had suffered three prior “strike” convictions for robbery. The trial court sentenced him under the “Three Strikes” law to 25 years to life in prison. In December 2012, Tyler filed a petition to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36, approved by the voters on November 6, 2012, which permits an inmate serving an indeterminate life sentence under the Three Strikes law for a nonviolent, nonserious felony to seek a new, lesser sentence unless resentencing would pose an unreasonable risk to public safety. (§ 1170.126, subds. (b), (e), (f).) After reviewing victim testimony given at the preliminary…