P. v. Estrada
In 1999, a jury convicted defendant and appellant Ricardo Estrada of evading a peace officer with willful or wanton disregard for persons or property (Veh. Code, § 2800.2, subd. (a)), unlawfully taking a vehicle (Veh. Code, § 10851, subd. (a)), and receiving stolen property (Pen. Code, § 496, subd. (a)).[1] Defendant was also found to have served a prior prison term (§ 667.5, subd. (b)), and suffered two prior convictions as defined in the three strikes law (§§ 667, subds. (b)–(i), 1170.12 subds. (a)–(d)). He was sentenced to an indeterminate term of 26 years to life.[2]
After the 2012 passage of Proposition 36 (the “Three Strikes Reform Act,” hereafter “the Act”), defendant filed a petition under section 1170.126 to recall his indeterminate sentence and to be resentenced as a second strike offender. The trial court denied the petition, finding that defendant posed an unreasonable risk of danger to public safety.
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