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PEOPLE v. SUPERIOR COURT (KAULICK)

No. B246632.

215 Cal.App.4th 1279 (2013)

155 Cal. Rptr. 3d 856

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent, STEVEN JOSEPH KAULICK, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

April 30, 2013.

Attorney(s) appearing for the Case

Jackie Lacey , District Attorney, Irene T. Wakabayashi , Head Deputy District Attorney, Roberta T. Schwartz , Beth L. Widmark and Phyllis C. Asayama , Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Richard B. Lennon , Suzan E. Hier and Cheryl A. Lutz , under appointments by the Court of Appeal, for Real Party in Interest.

OPINION

CROSKEY, J. —

On November 6, 2012, voters approved Proposition 36, the Three Strikes Reform Act of 2012 (the Act). Under the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) as it existed prior to Proposition 36, a defendant convicted of two prior serious or violent felonies would be subject to a sentence of 25 years to life upon conviction of a third felony. Under the

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