People v. AriasAnnotate this Case
Defendant, an inmate serving a term of 26 years to life following conviction of felonies that were not violent or serious, filed a petition for resentencing under Penal Code section 1170.126, subdivision (b). Section 1170.126 enumerates the criteria for postconviction release of third strike offenders serving indeterminate life sentences for crimes that are not serious
or violent felonies. Defendant has a prior juvenile adjudication for murder and the trial court found defendant ineligible for resentencing. The court held that a juvenile adjudication that constitutes a conviction for purposes of sentencing under the three strikes law (Penal Code 667, subd. (d)(3), 1170.12, subd. (b)(3)), also constitutes a conviction for purposes of determining eligibility for three strikes resentencing under section 1170.126, subdivision (e). Accordingly, because defendant's prior juvenile adjudication constitutes a conviction under these statutes, the court affirmed the trial court's judgment.