In a published opinion, the Court of Appeal agreed with appellant’s argument that Penal Code section 1172.75, subdivision (f), must be construed conjunctively to exclude from resentencing only those individuals who have been convicted of a qualifying sexually violent offense and sentenced to death or a life term without the possibility of parole. Because appellant was not convicted of a qualifying sexually violent offense, he remained eligible for recall and resentencing under section 1172.75 even though his sentence included a term of life without the possibility of parole. The Court of Appeal reversed the order granting the People’s motion to dismiss resentencing and remanded for further resentencing proceedings.
Panel Victories
