P. v. Cook CA5
On August 9, 2005, a jury convicted Cook of second degree burglary (§ 460, subd. (b)) and, in a separate proceeding, the court found true allegations that Cook had four prior convictions within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)). On September 7, 2005, the court sentenced Cook to an indeterminate sentence of 25 years to life.
On November 6, 2012, the electorate passed the Three Strikes Reform Act which made prisoners serving a third strike sentence eligible for resentencing if none of his or her prior strike convictions was for one of several enumerated felonies that included assault with the intent to commit rape that was committed by force, violence, duress, menace, etc. (§§ 1170.126, 667, subd. (e)(2)(C)(iv), Welf. & Inst. Code, § 6600, subd. (b).)
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