California v. Elder
Annotate this Case
Defendant Kenneth Elder filed what he titled a petition for a writ of habeas corpus to try and recall his 1995 indeterminate life sentence. The statute, enacted pursuant to a November 2012 initiative measure, provides retrospective relief under narrow criteria from indeterminate life sentences imposed for recidivism. Defendant alleged that the crime of which he was convicted (for being a felon unlawfully possessing a gun) was not a "serious" or violent felony and did not otherwise come within any exception to section Penal Code 1170.126, and therefore he was entitled to be considered for resentencing to a determinate sentence of double the term that would otherwise apply to his offense. Treating the filing as a recall petition under the statute, the trial court denied the petition without a hearing, finding defendant did not qualify for relief. Defendant argued on appeal that as a matter of statutory interpretation he could not be armed while committing the crime of unlawful possession of a gun; alternately, he argued that the prosecution had to plead and prove this circumstance in the proceedings underlying his commitment offense. Disagreeing with both claims, the Court of Appeal found the trial court properly concluded that defendant was ineligible for resentencing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.