People v. Conley

WERDEGAR, J.,

Concurring.—I concur in the court’s decision that defendant, who was serving a third strike life term when the Three Strikes Reform Act of 2012 (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012) (Reform Act or Act)) took effect, may seek relief under the act only through the statutory procedure for recalling the sentence (Pen. Code, § 1170.126)1 even though his judgment of conviction was not yet final. Because I concur, I also necessarily agree that In re Estrada (1965) 63 Cal.2d 740 [48 Cal.Rptr. 172, 408 P.2d 948] (Estrada) does not require a different result. As the…