California Court of Appeal

The trial court's denial of defendant's motion to reduce his third-strike 25-year-to-life sentence and resentence him as a second-strike offender under the Three Strikes Reform Act is affirmed, where: 1) the word "unreasonable" in the phrase, "pose an unreasonable risk of danger to public safety" is not impermissibly vague; 2) the trial court did not err in requiring the People to prove defendant's dangerousness by a preponderance of the evidence; and 3) the trial court did not abuse its discretion by refusing to remove his shackles while he was testifying at the hearing on his petition.

Appellate Information

• Decided 07/08/2014
• Published 07/08/2014

Judges

• YEGAN

Court

• California Court of Appeal

Counsel