In re Cervera, S075310.

Decision Date08 February 2001
Docket NumberNo. S075310.,S075310.
Citation24 Cal.4th 1073,103 Cal.Rptr.2d 762,16 P.3d 176
CourtCalifornia Supreme Court
PartiesIn re Adrian Ben CERVERA on Habeas Corpus.

Michael Satris, Bolinas, under appointment by the Supreme Court, for Petitioner Adrian Ben Cervera.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Peter J. Siggins and Paul D. Gifford, Assistant Attorneys General, Darrell L. Lepkowsky, Barbara C. Spiegel and David M. Verhey, Deputy Attorneys General, for Respondent the People.

MOSK, J.

We granted review in this cause in order to settle an important issue arising under what is popularly, and singularly, known as the "Three Strikes" law, a pair of statutes that are identical in part pertinent here, one enacted from a bill introduced in the Legislature (Stats.1994, ch. 12, § 1, pp. 71-75, adding Pen.Code, § 667, subds. (b)(i)), the other enacted from an initiative measure presented to the people (Prop. 184, § 1, as approved by voters, Gen. Elec. (Nov. 8, 1994), adding Pen.Code, § 1170.12).

Notwithstanding any other law or provision of law, the Three Strikes law governs when a defendant is convicted of a felony or "strike" of any kind, and was previously convicted of one or more felonies or strikes defined as serious or violent. (Pen.Code, §§ 667, subd. (c), 1170.12, subd. (a); see id, §§ 667, subds. (d), (e), (f), 1170.12, subds. (b), (c), (d).)

The Three Strikes law provides that, if a defendant is convicted of a felony of any kind and was previously convicted of a single felony defined as serious or violent—if he has two strikes—he must be sentenced to a term of imprisonment as follows: If he would otherwise have been sentenced to a "determinate term" (Pen. Code, §§ 667, subd. (e)(1), 1170.12, subd. (c)(1)), which is of fixed duration (see generally id., § 1170), he must be sentenced to a "determinate term" that is "twice" as long (id., §§ 667, subd. (e)(1), 1170.12, subd. (c)(1)). By contrast, if he would otherwise have been sentenced to an "indeterminate term" (id., §§ 667, subd. (c)(1), 1170.12, subd. (c)(1)), which is not of fixed duration (see generally id., § 1168), with a "minimum term," he must be sentenced to an indeterminate term with a minimum term that is "twice" as long (id., §§ 667, subd. (e)(1), 1170.12, subd. (c)(1)).

Likewise, the Three Strikes law provides that, if a defendant is convicted of a felony of any kind and was previously convicted of at least two felonies defined as serious or violent—if he has three strikes—he must be sentenced to an "indeterminate term of life imprisonment with a minimum term" calculated in accordance with certain specified formulas, but no less than 25 years. (Pen.Code, §§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A).)

Lastly, the Three Strikes law declares that, if a defendant is convicted of a felony of any kind, and was previously convicted of one or more felonies defined as serious or violent—if he has either two or three strikes—he is subject to certain rules. (Pen.Code, §§ 667, subd. (c), 1170.12, subd. (a).) Among which is the following: "The total amount of credits awarded" to a defendant with either two or three strikes for conduct in prison "pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3" of the Penal Code (hereafter article 2.5)—which authorizes such credits for use only against determinate terms of imprisonment (see Pen. Code, § 2930 et seq.; see generally id., § 1170; see also In re Monigold (1983) 139 Cal.App.3d 485, 488-94, 188 Cal. Rptr. 698), but not against indeterminate terms—"shall not exceed one-fifth of the total term of imprisonment imposed" (Pen. Code, §§ 667, subd. (c)(5), 1170.12, subd. (a)(5)).

The question that we address on review is: Does the Three Strikes law authorize or allow a defendant with three strikes to be awarded article 2.5 prison conduct credits for use against his mandatory indeterminate term of life imprisonment?

The answer that we must give is: No.

I

Inmate Adrian Ben Cervera submitted a petition for writ of habeas corpus to Division Three of the Fourth Appellate District of the Court of Appeal in conjunction with an appeal, then pending, that he had taken from a judgment of conviction rendered by the Superior Court of Orange County.1 In pertinent part, Cervera alleged facts to the following effect: He was convicted of a felony, specifically, second degree robbery (which happens to be serious), under various circumstances triggering enhancement of sentence, and had previously been convicted of two serious felonies, otherwise unidentified; as a defendant with three strikes, he was sentenced to a mandatory indeterminate term of life imprisonment with a minimum term of 25 years for second degree robbery; he was also sentenced to a determinate term of 12 years for the sentence-enhancing circumstances; prior to his commitment to prison, the California Department of Corrections (hereafter CDC) had interpreted the Three Strikes law to authorize or allow a defendant with three strikes to be awarded article 2.5 prison conduct credits against his mandatory indeterminate term of life imprisonment, as well as against any qualifying determinate term that happens to be imposed, subject only to the specified limitation to one-fifth of the total term, and proceeded to implement its interpretation; but shortly after his commitment, following People v. Stofle (1996) 45 Cal.App.4th 417, 420-421, 52 Cal.Rptr.2d 829 (hereafter Stofle), CDC interpreted the Three Strikes law anew to allow a defendant with three strikes to be awarded such credits only against any qualifying determinate term that happens to be imposed, but not against his mandatory indeterminate term of life imprisonment, and proceeded to implement its new interpretation. He claimed that CDC's former interpretation of the Three Strikes law was sound and its present interpretation was not, and on that basis prayed for relief including an order directing it to depart from its present implementation of the Three Strikes law and return to its former implementation.

By order, the Court of Appeal summarily denied Cervera's habeas corpus petition, citing Stofle in support.

Cervera submitted a petition for review. We granted his application. At the same time, we transferred the matter to the Court of Appeal with directions to vacate its order summarily denying his habeas corpus petition and to issue an order to show cause to the Director of Corrections.

Complying with our directions, the Court of Appeal vacated the indicated order of summary denial and issued the indicated order to show cause.

On behalf of the Director of Corrections, the acting warden of the prison to which Cervera had been committed submitted a return. He admitted the substance of the facts, recounted above, that Cervera had alleged. But he denied Cervera's claim challenging CDC's present interpretation of the Three Strikes law, and consequently opposed his prayer for relief against its present implementation.

Cervera submitted a traverse, styled a "denial," in which, among other things, he again alleged the facts, recounted above, that he had alleged originally.

Following oral argument, the Court of Appeal, through a unanimous opinion, rendered judgment denying Cervera's habeas corpus petition.

Cervera again submitted a petition for review. We again granted his application. We now affirm.

II

The question that we address on review concerns the meaning of the Three Strikes law, specifically, whether it authorizes or allows a defendant with three strikes to be awarded article 2.5 prison conduct credits against his mandatory indeterminate term of life imprisonment.

To determine the meaning of a statute, we seek to discern the sense of its language, in full context, in light of its purpose. (See, e.g., West Pico Furniture Co. v. Pacific Finance Loans (1970) 2 Cal.3d 594, 608, 86 Cal.Rptr. 793, 469 P.2d 665.)

The purpose of the Three Strikes law is manifest. It is to impose longer terms of imprisonment on defendants with two strikes and generally still longer terms on defendants with three strikes. (See, e.g., People v. Garcia (1999) 20 Cal.4th 490, 501, 85 Cal.Rptr.2d 280, 976 P.2d 831.)

Also manifest is the sense of the language of the Three Strikes law in full context.

As noted, the Three Strikes law declares that "[t]he total amount of credits awarded" to a defendant with either two or three strikes for conduct in prison "pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3" of the Penal Code—which authorizes such credits for use only against determinate terms of imprisonment, but not against indeterminate terms—"shall not exceed one-fifth of the total term of imprisonment imposed...." (Pen.Code, §§ 667, subd. (c)(5), 1170.12, subd. (a)(5).)

The Three Strikes law's declaration does not itself authorize article 2.5 prison conduct credits for use against indeterminate terms of imprisonment—or indeed against any terms of imprisonment. Rather, it limits the award of such credits as authorized by article 2.5. Hence, it must be understood simply to accept article 2.5's authorization of such credits against determinate terms only, but not to extend it against indeterminate terms as well. In this respect, it is unlike other provisions of other laws, which indeed extend article 2.5's authorization of such credits to indeterminate terms, specifically, to such terms' minimum terms. (See, e.g., Pen. Code, §§ 217.1, subd. (b), 667.51, subd. (d), 667.61, subd. (j), 667.7, subd. (a)(1), 667.71, subd. (b), 667.75.) Illustrative is the requirement, which antedates the Three Strikes law (see Stats.1983, ch. 683, § 1, p. 2645), to the effect that a defendant convicted of the felony of the attempted murder of a public official must be sentenced to an indeterminate term of life imprisonment with a specified...

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