People v. Alexander CA2/3

INTRODUCTION

Petitioner Steven Eugene Alexander appeals from the trial court’s order denying his resentencing petition under Penal Code 1 section 1170.18. The parties agree, and so do we, that the court erred when it found Alexander is ineligible for relief because he suffered a prior disqualifying conviction. We therefore reverse the order denying Alexander’s petition and remand the matter for further proceedings under section 1170.18.

BACKGROUND2

In 2010, Alexander and an acquaintance entered a convenience store and used a stolen credit card to purchase items. In 2012, a jury convicted Alexander of two counts of first degree burglary with a person present (§§ 459, 667.5, subd. (c)(21); counts 1 & 2), battery with injury on a peace officer (§ 243, subd. (c)(2); count 3), three counts of resisting an executive officer (§ 69; counts 4–6), and second degree burglary (§ 459; count 7). Alexander admitted allegations that he suffered a prior felony conviction (§ 667, subd. (d)) and served four prior prison terms (§ 667.5, subd. (b)). The court sentenced Alexander to 25 years and 4 months in prison. This division affirmed Alexander’s judgment in 2014. In June 2021, Alexander, in pro…