People v. Hernandez
Annotate this CaseIn 1997, defendant was convicted of second-degree robbery and petty theft. The court found true allegations that defendant had two prior convictions that qualified as strikes under the Three Strikes law. For the robbery, defendant was sentenced to an indeterminate term of 25 years to life under the Three Strikes law. The term for his conviction of petty theft with a prior was stayed. The court imposed a 10-year term for two serious felony conviction allegations. In 2014, Proposition 47 reclassified certain drug- and theft-related offenses as misdemeanors, except where the defendant has one or more disqualifying prior convictions, which include the “super strike” offenses (Penal Code 667(e)(2)(C)(iv)): “[a]ny serious and/or violent felony offense punishable in California by life imprisonment or death.” In 2015, defendant sought to have his conviction of petty theft with a prior reduced to a misdemeanor. The District Attorney filed opposition, arguing that defendant’s robbery conviction was a prior conviction that precluded him from obtaining Proposition 47 relief. The court agreed and denied defendant’s petition. The court of appeal reversed. Although defendant’s robbery conviction was punished by an indeterminate life term under the Three Strikes law, robbery itself is not “[a] serious and/or violent felony offense punishable in California by life imprisonment or death” under section 667(e)(2)(C)(iv)(VIII). The court remanded for determination of whether resentencing “would pose an unreasonable risk of danger to public safety.”
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