In re Edwards

Proposition 57, approved by California voters in 2016, added a provision to California's Constitution that reads: "Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense." ( Cal. Const., art. I, § 32, subd. (a)(1) (hereafter section 32 (a)(1) ).) The newly added constitutional provision defines *676 "the full term for the primary offense" as "the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence." ( § 32 (a)(1)(A).) We consider whether Department of Corrections and Rehabilitation (CDCR) regulations adopted to implement this constitutional amendment validly exclude admittedly nonviolent "Third Strike" offenders sentenced to indeterminate terms from Proposition 57 relief.

I. BACKGROUND

Petitioner Vicenson D. Edwards (Edwards) is currently serving an indeterminate life sentence in state prison, imposed pursuant to the Three Strikes law ( Pen. Code, §§ 667, subds. (b) - (i), 1170.12 ). He sustained the convictions that triggered his…