People v. Abdullah CA2/3

BACKGROUND

A. Abdullah’s burglary conviction and original sentence In 1999, Abdullah entered a victim’s residence while the victim was home. Abdullah tried to steal a VCR, but the victim apprehended him. An information charged Abdullah with one count of first degree burglary. (§ 459.) It alleged that Abdullah suffered three prior serious felonies pursuant to the Three Strikes law (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)) and served multiple prior prison terms (§ 667.5). A jury found Abdullah guilty of first degree burglary and the three prior strike convictions were found true after a court trial. The trial court sentenced Abdullah to 25 years to life under the Three Strikes law. (§§ 667, subds. (b)–(i), 1170.12.) The trial court also imposed two five-year terms pursuant to section 667, subdivision (a)(1), for a total of 35 years to life.

All further statutory references are to the Penal Code.

2 B. Abdullah’s motion for resentencing In 2019, Abdullah filed a petition for writ of habeas corpus in the trial court to recall his sentence under section 1170.91. The court appointed counsel and Abdullah filed a motion for resentencing under the same section. The…