California Court of Appeals, Third District, Sacramento
[REVIEW GRANTED BY CAL. SUPREME COURT]
ORIGINAL PROCEEDING in mandate. Petition denied. No. 99F03948 Cheryl Chun Meegan, Judge.
[Copyrighted Material Omitted]
Charles M. Bonneau, under appointment by the Court of Appeal, for Petitioner.
No appearance for Respondent.
Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Kari Ricci Mueller, Deputy Attorneys General for Real Party in Interest.
NICHOLSON, Acting P. J.
Petitioner Larry Steven Schinkel, Jr. (defendant), who is serving an indeterminate life term under the “Three Strikes” law, filed a petition for resentencing under the Three Strikes Reform Act of 2012, passed by the voters as Proposition 36. The trial court denied the petition without a hearing because Schinkel’s current conviction for solicitation of murder necessarily included an intent to cause great bodily injury, which is a disqualifying factor for resentencing under the Three Strikes Reform Act of 2012.
We treat defendant’s appeal from the order denying his petition for resentencing as a petition for writ of mandate and conclude: (1) the trial court properly determined that defendant is ineligible for resentencing under the Three Strikes Reform Act of 2012 because his conviction for solicitation of murder necessarily included the intent to cause great bodily injury; (2) defendant is not eligible for resentencing on other nondisqualifying current convictions because the Three Strikes Reform Act of 2012 excludes defendant’s class of dangerous criminals from the benefit of resentencing; and (3) defendant is not entitled to a jury trial on whether he is eligible for resentencing.
Having found no merit in defendant’s contentions, we deny the petition for writ of mandate.
Defendant, who had prior strike convictions (specifically, he had six prior burglary convictions), engaged in sexual intercourse with a minor. After he was arrested on the charges related to the minor, he solicited another inmate to have the minor killed so that she could not testify against him. Convicted of four counts of sexual intercourse with a minor (Pen. Code, § 261.5, subd. (c)) and solicitation of murder (Pen. Code, § 653f, subd. (b)), defendant was eventually sentenced under the Three Strikes law to an indeterminate term of 25 years to life for solicitation of murder with two consecutive 25-year-to-life terms for two of the sexual intercourse counts, for an aggregate term of 75 years to life. Two 25-year-to-life terms for the other sexual intercourse counts were imposed concurrently. (People v. Schinkel (Aug. 27, 2002, C036877) [nonpub. opn.].) (Hereafter, unspecified code citations are to the Penal Code.)
In November 2012, California voters passed Proposition 36, the Three Strikes Reform Act of 2012, which we refer to in this opinion as the Three Strikes Reform Act or, simply, the Act. The Act amended sections 667 and
1170.12 (relating to Three Strikes sentencing) and added section 1170.126 (relating to resentencing of defendants previously sentenced under the Three Strikes law). Among other things, the Act allows a defendant sentenced to an indeterminate life term under the Three Strikes law to file a petition for ...