P. v. James CA6
Defendant Michael Ruben James was serving an indeterminate term of 25 years to life under the Three Strikes law for a conviction of grand theft when Proposition 36 took effect in November 2012. Proposition 36, known as the Three Strikes Reform Act of 2012, added section 1170.126 to the Penal Code. (Voter Information Guide, Gen. Elec. (Nov. 6, 2012) text of Prop. 36, §§ 1, 6, pp. 105, 109-110.) Section 1170.126 permits eligible persons “presently serving an indeterminate term of imprisonment” as a third strike offender for a felony offense that was not a serious felony (§ 1192.7, subd. (c)) or a violent felony (§667.5, subd. (c)) to “file a petition for a recall of sentence,” within the specified window period, for resentencing in accordance with the Three Strikes law as amended by Proposition 36. (§ 1170.126, subds. (a), (b), (c), (e).) A court receiving such petition must resentence “unless the court, in its discretion, determines that resentencing the petitioner
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