People v. Smith CA4/3

FACTS

“In 2006, a jury convicted Smith of 33 felony counts: 13 counts of robbery (§ 211), 14 counts of false imprisonment (§ 236), and six counts of dissuading a witness (§ 136.1, subd. (c)(1)). As to all the counts, the jury found true Smith was a principal armed with a firearm under section 12022, subdivision (a)(1). At a bench trial, the trial court found all the strike prior allegations to be true. The trial court sentenced Smith to an indeterminate life sentence of 380 years and 8 months. (See People v. Smith (Dec. 29, 2008, G040872) [nonpub opn.].)” (People v. Smith (Jan. 15, 2016, G050533) [nonpub. opn.] (Smith II).) “In 2014, Smith filed a petition for recall of sentencing and request for resentencing under section 1170.126. The trial court denied the petition, reasoning section 1170.126 did not apply and Smith was ineligible for resentencing because his current convictions for robbery were both serious and violent felonies (§§ 667.5, subd. (c)(9) [robbery], 1192.7, subd. (c)(19) [robbery]).” (Smith II, supra, G050533.) Smith appealed the court’s denial of his petition, and in 2016, a different panel of this court concluded Smith was not ineligible for resentencing and…