Does section 1170.126 and its incorporation by reference of serious or violent felonies "punishable by life imprisonment" apply to section 288.7 of the Penal Code?

The considerations at play in Jeanice D. do not apply to section 1170.126 and its incorporation by reference of serious or violent felonies "punishable by life imprisonment." Section 1170.126's restriction on eligibility is obviously intended to bar the resentencing of defendants whose criminal histories makes them unsuitable for more lenient treatment under the provisions of the Reform Act. It would produce an absurd result to conclude that a prior conviction of section 288.7 is not punishable by "life imprisonment" within the meaning of the Reform Act because it carries a penalty of either 15 or 25 years to life, rather than a "straight" life sentence under which a defendant may be considered for release on parole after only seven calendar years under section 3046, subdivision (a)(1). (See People v. Moore (2004) 118 Cal.App.4th 74, 78 [ambiguity in statute will not be construed in criminal defendant's favor where to do so would create absurd result].)

The judgment (order denying petition for recall and resentencing under section 1170.126) is affirmed.

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/s/_________
NEEDHAM, J.

We concur.

/s/_________
SIMONS, ACTING P.J.

/s/_________
BRUINIERS, J.

Footnotes:

^1. Further undesignated statutory references are to the Penal Code.