Carothers

*462 Defendant Bobby Gene Carothers, currently serving a prison term of 25 years to life imposed in 2008 under the three strikes law, appeals from the denial of his petition for resentencing under Proposition 36, the Three Strikes Reform Act of 2012 (as approved by voters, Gen. Elec. (Nov. 6, 2012) (the Act)). He contends the trial court erred in finding he was not eligible for resentencing because he was convicted of murder in Texas in 1978. Under the Act, a prior conviction for a number of enumerated offenses, including "[a]ny homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5" of the Penal Code, renders an inmate ineligible for resentencing. 1 (§§ 667, subd. (e)(2)(C)(iv)(IV), 1170.126, subd. (e)(3).) Defendant's argument is two-fold: (1) only prior California convictions can render an inmate ineligible for resentencing under the Act; and (2) even if a prior out-of-state conviction can render an inmate ineligible for resentencing, the record of defendant's Texas murder conviction does not necessarily show he committed a murder as that crime is defined under California law.

We conclude a prior out-of-state conviction will render an…