California Court of Appeals, Fourth District, Second Division
PROCEEDINGS; petition for writ of prohibition/mandate.
Super.Ct.No. CR57387, Edward D. Webster, Judge.[*]
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
Zellerbach and Michael A. Hestrin, District Attorneys, Emily
R. Hanks and Donald W. Ostertag, Deputy District Attorneys,
appearance for Respondent.
L. Harmon, Public Defender, and William A. Meronek, Deputy
Public Defender, for Real Party in Interest.
by McKinster, J., with Hollenhorst, Acting P. J., and Miller,
Cal.Rptr.3d 638] McKINSTER, J.
proceeding for extraordinary relief, the People challenge an
order of the Superior Court of Riverside County declining to
place defendant and real party in interest Leonard Joseph
Rangel on community supervision (Pen. Code, § 3451,
subd. (a)) following his release from prison. In our original
published opinion filed on January 12, 2016 (and modified on
Feb. 2 and 4, 2016), we agreed with the superior court's
decision and denied the petition.
California Supreme Court granted a petition for review filed
by the People and subsequently transferred the matter to this
court with directions to vacate our prior opinion and to
reconsider the cause in light of People v. Morales
(2016) 63 Cal.4th 399');">63 Cal.4th 399 [203 Cal.Rptr.3d 130, 371 P.3d 592]. We
then invited the People and Rangel to file supplemental
briefs addressing the impact, if any, of People v.
Morales on this case.
original decision in this case is hereby vacated. Having
considered People v. Morales and the supplemental
briefs filed by the parties, we now grant the People's
1996, Rangel was convicted of being a felon in possession of
a firearm (Pen. Code, former § 12021, subd. (a)(1)) and
of two misdemeanors. As a " third striker" (former
§ 667, subds. (b) & (e)), he was sentenced to an
indeterminate term of 25 years to life in state prison.
2012, the electorate adopted Proposition 36');">36, known as the
Three Strikes Reform Act of 2012. Proposition 36');">36 amended
section 667 to provide prospectively that many of those
defendants who have two prior strikes but whose current
conviction is not for a " serious and/or violent
felony" are subject only to a doubled base term sentence
(§ 667, subd. (e)(1)) rather than the minimum sentence
of 25 years to life reserved for more serious current
violators. (§ 667, subd. (e)(2)(A)(ii).) At the same
time, the electorate added section 1170.126 as a retroactive
mechanism by which inmates sentenced as " third
strikers" under the old law could petition to have their
sentences recalled and be resentenced under the new
provisions, if they would have been subject only to the
lesser term had they been sentenced under the new law and met
specified other requirements.
filed a request under Proposition 36');">36 on November 13, 2012,
which the superior court granted on April 9, 2014. Rangel was
resentenced to the upper term of three years for the weapons
offense, doubled to six years, plus three additional one-year
prior prison term enhancements (§ 667.5, subd. (b)), for
a total of nine years in state prison. The People did not
challenge the order granting Rangel's petition.
Cal.Rptr.3d 639] Due to the nature of his current conviction,
Rangel would normally have been subject upon release from
prison to a period of community supervision under section
3451, part of the Postrelease Community Supervision Act of
2011 (PCSA; § 3450 et seq.). That act provides that
except for more serious offenders, as described, inmates
released from prison on or after October 1, 2011, are subject
to a new program of community supervision for a period not to
exceed three years. ...