Drew
People v. Drew
Opinion
lead Opinion
Dato, J.
*255 Christopher Drew petitioned under Penal Code 1 section 1170.126 to recall a sentence pursuant to the Three Strikes Reform Act of 2012 (hereafter TSRA). The trial court denied the petition because it was untimely and the court found Drew failed to show good cause to excuse the delay. This appeal challenges that ruling.
FACTUAL AND PROCEDURAL BACKGROUND
In the 1999 proceeding that is the subject of this appeal ( People v. Drew (Super. Ct. San Diego County, 1999, No. SCE194453) (SCE194453)), Christopher Drew was convicted of grand theft (§ 487, subd. (a)), and two counts of receiving stolen property (§ 496, subd. (a)). The court also found true the allegations that Drew had two strike priors (§§ 667, subds. (b)-(i) & 1170.12) and four prison priors (§ 667.5, subd. (b)). Based on existing law, Drew was sentenced to an indeterminate term of 29 years to life.
Two years later, in a second and separate proceeding ( People v. Drew (Super. Ct. San Diego County, 2001, No. SCE199615) (SCE199615)), Drew was convicted of robbery (§ 211), three counts of assault with a firearm (§ 245, subd. (b)), and two counts of possession of a firearm by a felon (§ 12021, subd. (a)(1)). With attendant…