P. v. Eakins
Defendant and appellant Billy Lee Eakins appeals from an order denying his petition for recall of his indeterminate life term under Penal Code section 1170.126, subdivision (f).[1] We will affirm the order.
I
BACKGROUND
Defendant was convicted in August 1999 of residential burglary (§ 459) and receiving stolen property (§ 496). It was also found true that defendant had sustained two prior strike convictions. (§§ 667, subds. (b)-(i), 1170.12.)
In September 1999, the court sentenced defendant to 27 years to life in state prison.
On November 6, 2012, the electorate passed Proposition 36, also known as the Three Strikes Reform Act. Among other things, this ballot measure enacted section 1170.126, which permits persons currently serving an indeterminate life term under the three strikes law to file a petition in the sentencing court, seeking to be resentenced to a determinate term as a second striker. (§ 1170.126, subd. (f).) If the trial court determines, in its discretion, that the defendant meets the criteria of section 1170.126, subdivision (e), the court may resentence the defendant. (§ 1170.126, subds. (f), (g).)
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