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PEOPLE v. ELDER

No. C073731.

227 Cal.App.4th 1308 (2014)

174 Cal. Rptr. 3d 795

THE PEOPLE, Plaintiff and Respondent, v. KENNETH ELDER, Defendant and Appellant.

Court of Appeals of California, Third District.

As modified July 25, 2014.

Attorney(s) appearing for the Case

George Bond and John Hargreaves , under appointments by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Carlos A. Martinez and Kari Ricci Mueller , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BUTZ, J. —

In December 2012, defendant Kenneth Elder filed what he titled a petition for a writ of habeas corpus (though invoking Pen. Code, § 1170.126)1 seeking to recall his 1995 indeterminate life sentence. The statute, enacted pursuant to a November 2012 initiative measure, provides retrospective relief under narrow criteria from indeterminate life sentences imposed for recidivism. Defendant...

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