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Name: Teal v. Superior Court
Case #: B247196
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/19/2013
Subsequent History: Review granted 7/29/13: S211708

Prisoner was ineligible for resentencing under amended Three Strikes law because one of his priors was for a sexually violent offense. Teal is serving a life term under the Three Strikes law following his conviction for criminal threats in 1996. In January 2013, the trial court denied Teal’s petition for recall of sentence pursuant to Penal Code section 1170.126. Teal filed a notice of appeal, and his attorney filed a Wende brief. The appellate court found that the order denying the resentencing was not an appealable order because the trial court’s threshold eligibility determination under section 1170.126, which is based on express objective criteria, is not a postjudgment order affecting the substantial rights of the party. The court instead treated the appeal as a petition for writ of mandate and denied it. Since one of Teal’s prior strike convictions was for violating section 262, subdivision (a), a “sexually violent offense,” he was ineligible for resentencing under section 1170.126, subdivision (e)(3). [Editor’s Note: In People v. Hurtado (2013) 216 Cal.App.4th 941, the Second Appellate District, Division One held that a trial court’s order denying a section 1170.126 petition to recall a sentence is appealable. (See also People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279.)]