People v. Johnson

Opinion

DETJEN, J.—

INTRODUCTION

Under the Three Strikes Reform Act of 2012, a person serving an indeterminate life term as a third strike offender under the three strikes law can petition for a recall of sentence and seek to be resentenced as a second strike offender. (Pen. Code, 1 § 1170.126, subd. (b).) In order to be eligible for resentencing, the inmate must meet certain criteria. {Id.., subd. (e).) At issue here is the requirement that the inmate be serving an indeterminate life term “for a conviction of a felony or felonies that are not defined as serious and/or violent felonies by…