Is a recidivist serving an indeterminate life sentence imposed under the Three Strikes Act entitled to appeal against his sentence?

In November 2012, the voters approved Proposition 36, the Three Strikes Reform Act of 2012 (the Act). The Act amended the Three Strikes law so that an indeterminate term of 25 years to life in prison is applied only "where the current crime is a serious or violent felony or the prosecution has pled and proved an enumerated disqualifying factor"; otherwise, the recidivist is to be sentenced as a second strike offender. (People v. Yearwood (2013) 213 Cal.App.4th 161, 167-168, citing 667, 1170.12.) In addition, an inmate serving an indeterminate life sentence imposed under the Three Strikes law for a crime that is not a serious or violent felony, and who is not disqualified, may petition for recall of his or her sentence, and is eligible for resentencing as a second strike offender unless the court determines that resentencing would pose an unreasonable risk of danger to public safety. ( 1170.126.)

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