P. v. Carmony CA6
Defendant David Louis Carmony appeals after the trial court denied his Proposition 47 petition for resentencing (Pen. Code, § 1170.18, subd. (a)) as to two convictions for receiving stolen property (§ 496, subd. (a)). The trial court found that defendant was disqualified from Proposition 47 relief because he has a prior conviction of first degree burglary for which he received an indeterminate life sentence under the Three Strikes Law (§§ 667, subds. (b)-(i), 1170.12). The trial court relied on section 1170.18, subdivision (i), which precludes resentencing for a person with one or more prior convictions for an offense specified in section 667, subdivision (e)(2)(C)(iv). The specified disqualifying offenses include “[a]ny serious and/or violent felony offense punishable in California by life imprisonment or death.” (§ 667, subd. (e)(2)(C)(iv)(VIII).)
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