California v. NettlesAnnotate this Case
Defendant Garyon Nettles, was serving an indeterminate life sentence imposed pursuant to the three strikes law. He appealed the trial court's denial of his petition to recall his sentence and for resentencing under Penal Code section 1170.126, which became effective November 7, 2012, after California voters approved Proposition 36, the Three Strikes Reform Act of 2012. Defendant argued: (1) he was eligible for resentencing under the Act because the crime of assault with intent to commit rape was not listed as a sexually violent offense in 1998 when he was sentenced to serve the present indeterminate life term under the three strikes law; (2) the record was insufficient to establish defendant's prior strike offenses were sexually violent in nature; and (3) defendant was entitled to a jury trial on the question of whether these strikes qualify as sexually violent offenses. Rejecting these arguments, the Court of Appeal affirmed the trial court's conclusion that defendant was disqualified from resentencing.