P. v. Anderson
In 2004, Benjamin Anderson was convicted of robbery (Pen. Code,
§ 211),[1] which is defined as a “serious felony†under section 1192.7, subdivision (c)(19). Because Anderson had two prior serious felony convictions, he was sentenced to an indeterminate life term under the Three Strikes law. (§§ 667, 1170.12.)
Following passage of the Three Strikes Reform Act of 2012 (Reform Act), added by Proposition 36, Anderson moved for an order recalling his sentence and resentencing him to a determinate term sentence. (§ 1170.126.) Section 1170.126, subdivision (b), permits a person serving an indeterminate term of life imprisonment under the Three Strikes law for a conviction based on “a felony or felonies that are not defined as serious and/or violent felonies†to seek recall of the sentence. (Italics added.) The trial court determined that Anderson was ineligible to seek relief under this statute
because his conviction for robbery was based on a serious felony.
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