Is appellant eligible under section 209.5 of the California Criminal Code for the purpose of applying for a reduction in sentences for kidnapping during the commission of the crime?

^4. It is also highly questionable whether appellant was eligible under section 1170.18, subdivision (i), which provides: "The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667[.]" Section 667 defines a prior serious and/or violent felony conviction as one "punishable in California by life imprisonment or death." ( 667, subd. (e)(2)(C)(iv)(VIII).) At the time of his application, appellant appears to have had a prior conviction for kidnapping during the commission of a carjacking, which is punishable by life imprisonment. ( 209.5; People v. Foster (1995) 34 Cal.App.4th 766, 768-769.)