People v. Oehmigen

Opinion

BUTZ, J.

In January 2013, defendant Leonard Eldyn Oehmigen filed a petition for the recall of his April 1998 indeterminate life sentence pursuant to Penal Code section 1170.126.2 The statute, enacted as part of a November 2012 initiative measure, provides retrospective relief under narrow criteria from indeterminate life sentences imposed for recidivism. Defendant alleged that he was eligible for resentencing because his 1998 commitment conviction — assault with force likely to inflict great bodily injury — was not a “serious” or violent felony (§ 1170.126, subd. (e)(1)), and neither…