What is the effect of the Three Strikes Act on sentencing of a convicted felon in possession of a firearm?

On July 11,1997, a jury found appellant guilty of being a felon in possession of a firearm. After finding true the allegations that appellant had suffered convictions for first degree burglary and involuntary manslaughter in 1993, the trial court sentenced him to a term of 25 years to life under the Three Strikes law. In an unpublished opinion, this court affirmed the judgment. (People v. Shibata (July 28, 1998, B116302).)

B. Petition for Recall of Sentence

In November 2012, the electorate enacted the Reform Act by approving Proposition 36. (People v. Yearwood (2013) 213 Cal.App.4th 161, 169-171.) The Reform Act amended the Three Strikes law to provide that absent specified exceptions, an offender with two or more prior strikes is to be sentenced as a two strike offender unless the new offense also is a strike, that is, a serious or violent felony.⁴ (See

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