People v. Superior Court of Riverside Cnty.

In this petition for extraordinary relief the People challenge an order of the superior court declining to place real party in interest Leonard Joseph Rangel on "community *923 supervision" ( Pen.Code, § 3451, 1 subd. (a) ) 2 following his release from prison. We agree with the trial court's decision and will deny the petition.

STATEMENT OF FACTS

In 1996, real party in interest (Rangel) was convicted of felon in possession (former § 12021, subd. (a)(1)) and two misdemeanors. As a "third striker" (former § 667, subds. (b) & (e)), he received an indeterminate sentence of 25 years to life.

In 2012 the electorate, by initiative measure (Proposition 36), amended section 667 so that many of those defendants who have two prior strikes but whose current conviction is not for a "serious and/or violent felony" are subject only to a doubled base term sentence (§ 667, subd. (e)(1)) rather than the minimum 25-to-life terms reserved for more serious current violators. (§ 667, subd. (e)(2)(A)(ii).) At the same time, the electorate added section 1170.126 as a mechanism by which inmates sentenced as "third strikers" under the old law could seek to be resentenced under the new provisions, if…