In a published opinion, the Court of Appeal agreed with appellant’s argument that subdivision (f) of Penal Code section 1172.75 must be construed conjunctively, so that only individuals who have been convicted of a qualifying sexually violent offense and sentenced to death or a term of life without the possibility of parole are excluded from recall and resentencing. Thus, the Court of Appeal concluded that because appellant was not convicted of a qualifying sexually violent offense, he remains eligible for resentencing. The order granting the People’s motion to dismiss resentencing was reversed and the matter remanded for further resentencing proceedings.
