What is the impact of section 1170.126 of the Criminal Code Act on the right to appeal against a third strike offender's sentence?

"In enacting section 1170.126 as part of [the Act], the issue before the voters was not whether a defendant could or should be punished more harshly for a particular aspect of his or her offense, but whether, having already been found to warrant an indeterminate life sentence as a third strike offender, he or she should now be eligible for a lesser term. By including as a disqualifying factor an inmate's mere intent, during commission of the current offense, [the defendant used a firearm, was armed with a firearm or deadly weapon, or intended] to cause great bodily injury to another person, the electorate signaled its own intent that disqualifying conduct not be limited to what is specifically punishable as an offense or enhancement. Apparently recognizing the maxim expressio unius est exclusio alteriusthe expression of some things in a statute necessarily means the exclusion of other things not expressed (Gikas v. Zolin (1993) 6 Cal.4th 841, 852 . . .)voters rendered ineligible for resentencing not only narrowly drawn categories

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