People v. LynnAnnotate this Case
Defendant, convicted of second degree robbery and attempted grand theft person, appealed the denial of his motion for recall and resentencing pursuant to Proposition 36, the Three Strikes Reform Act of 2012, Penal Code 1170.126. After the parties completed initial briefing, the California Supreme Court held in People v. Johnson that an inmate is eligible for resentencing under section 1170.126 on a current conviction that is neither serious nor violent, even though he or she has another current conviction that is serious or violent. In this case, the fact that defendant was convicted of robbery does not make him ineligible as a matter of law for recall of sentence and resentencing on the attempted grand theft conviction, absent a showing the attempted grand theft itself qualified as a serious or violent felony. Accordingly, the court reversed the trial court’s order and remanded for a new hearing at which the court should determine defendant's eligibility for recall and resentencing on the attempted grand theft count in accordance with section 1170.126, subdivisions (e) and (f).