P. v. Ingram
On April 16, 1996, defendant Jimmie Lee Ingram was convicted of one count of robbery (Pen.Code, § 211). In addition, two prior strike allegations were found true (§ 667, subds. (b)-(i).) As a result, on May 14, 1996, defendant was sentenced under the three strikes law to an indeterminate term of 25 years to life.
On November 6, 2012, the electorate passed Proposition 36. 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 that the defendant meets the criteria of section 1170.126, subdivision (e), the court may resentence the defendant. (§ 1170.126, subd. (f).) Section 1170.126, subdivision (e)(1) provides, as pertinent here, that a defendant is eligible for resentencing if he or she is “serving an indeterminate term of life imprisonment imposed pursuant to paragraph (2) of subdivision (e) of Section 667 or subdivision (c) of Section 1170.12 for a conviction of a felony or felonies that are not defined as serious and/or violent felonies by subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.â€
On November 21, 2012, defendant filed a propria persona petition for resentencing under section 1170.126. The court denied the petition on January 25, 2013, finding that defendant’s current commitment offense for robbery is a serious felony under section 1192.7, which made him ineligible for resentencing under section 1170.126.
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