Miguel Angel Seda v. Danny Samuel

BACKGROUND

In 2002, a Los Angeles County Superior Court jury convicted Petitioner of three counts of first-degree residential burglary, one count of attempted second-degree burglary, and one count of assault with a deadly weapon by force likely to produce great bodily injury on a peace officer. See id. at 2. The trial court sentenced Petitioner under California’s Three Strikes Law to a total term of 110 years to life. See id. In 2016, California voters passed Proposition 57, which amended the California Constitution to provide, “Any person convicted of a nonviolent Case 2:22-cv-01440-VAP-DFM Document6 Filed 07/28/ Page2of5 Page ID #:

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. 1, § 32(a)(1). It defined the full term for a primary offense as “the longest term of imprisonment imposed by the court for any offense, excluding ... an enhancement, consecutive sentence, or alternative sentence.” Id. § 32(a)(1)(A). A nonviolent offender’s parole eligibility date must therefore be calculated “as if the Three Strikes . . . alternative sentencing scheme…