Can a prisoner who is serving an indeterminate life sentence imposed pursuant to the three strikes law for a crime that is not a serious or violent felony and who is not disqualified?

California, United States of America


The following excerpt is from People v. Ward, F068579 (Cal. App. 2015):

whereby a prisoner who is serving an indeterminate life sentence imposed pursuant to the three strikes law for a crime that is not a serious or violent felony and who is not disqualified, may have his or her sentence recalled and be sentenced as a second strike offender unless the court determines that resentencing would pose an unreasonable risk of danger to public safety. ( 1170.126.)" (People v. Yearwood (2013) 213 Cal.App.4th 161, 167-168, quoting 1170.126, subd. (f).)

As relevant to this case, a defendant is statutorily ineligible for resentencing under the Act if, "[d]uring the commission of the current offense, defendant used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person." ( 667, subd. (e)(2)(C)(iii); 1170.12, subd. (c)(2)(C)(iii); 1170.126, subd. (e)(2); People v. White (2014) 223 Cal.App.4th 512, 523.)

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