Three Strikes!!! New Law 10/26/13)

People v. Wortham (10/24/13) First App.Dist)

Appeal from order denying petition to recall sentence under Three Strikes Reform Act (PC1170.126).

Issue: Is an order denying such a petition appealable?

Holding: Although the issue is pending before the Cal.Sup.Ct., the First District holds that it is. However, defendant’s commitment offense was first degree burglary, and so the denial of the petition was upheld.

Practice Note: This issue was also considered this quarter in People v. Leggett (filed 9/16/13), Third Dist), where the court held that orders denying relief under Section 1170.126 are appealable except where the petition asks for relief from a sentencing on a serious or violent felony.