People v. Spiller
Annotate this CaseDefendant is currently serving a third strike indeterminate life sentence for a nonserious and nonviolent offense. In this petition, he seeks to recall his sentence and resentence as a second strike offender. The superior court denied his petition, finding defendant ineligible for resentencing because he had a disqualifying prior conviction for attempted murder. Defendant’s disqualifying “prior” conviction occurred after the conviction resulting in his third strike indeterminate life sentence. The court agreed with defendant that the trial court erred in finding him statutorily ineligible for resentencing. The court held that a prior disqualifying conviction under Proposition 36, Pen. Code 1170.126, must occur prior to the inmate’s conviction resulting in the inmate’s indeterminate life sentence under the three strikes law. Accordingly, the court remanded for the trial court to determine whether resentencing would pose “an unreasonable risk of danger to public safety.”
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