People v. Super. Ct. (Guevara)
Annotate this Case
In California, Edgardo Ortiz Guevara was sentenced to 28 years to life under the "Three Strikes" law, due to his third strike being a nonserious, nonviolent felony. He also had prior prison term enhancements. When the Three Strikes Reform Act of 2012 (Prop. 36) (Reform Act) was enacted, Guevara petitioned for relief from his life sentence, but the trial court denied his petition due to concerns of public safety. Later, Guevara moved to have his prior prison term enhancements struck under Penal Code section 1172.75, arguing that he was entitled to have his three strikes life term reduced to eight years, double the term for his current offense, irrespective of the denial of his section 1170.126 petition. The trial court agreed and reduced his life term to eight years.
The People petitioned the Court of Appeal of the State of California Second Appellate District Division Six for a writ of mandate or prohibition seeking to direct the trial court to recall its sentence and reinstate Guevara’s 25-years-to-life sentence. The appellate court granted the writ, finding that Guevara's interpretation of section 1172.75 would result in a repeal of section 1170.126 for inmates serving an indeterminate term with a prior prison enhancement, which would be unconstitutional. It also stated that Guevara’s prior prison term enhancements were struck, but not his 25-years-to-life term mandated by the Reform Act, which remains in effect as Guevara was found to be a danger to the public. Therefore, the appellate court directed the superior court to vacate its order recalling Guevara’s sentence and imposing a second strike sentence, and to reinstate Guevara’s three strikes sentence of 25 years to life in prison.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.