California Court of Appeal

In this case, defendant is an inmate serving a term of 25 years to life following conviction of a felony that was not violent. Judgment denying defendant's petition to have his sentence recalled and to be resentenced is affirmed, where: 1) the People have the burden of proving, by a preponderance of the evidence, facts supporting the conclusion that resentencing a petitioner would pose an unreasonable risk of danger to public safety reasonably; 2) the preponderance of the evidence standard does not apply, however, to the trial court's determination regarding dangerousness, nor does Penal Code section 1170.126(f) create a presumption of resentencing; and 3) the ultimate decision of whether resentencing would pose an unreasonable risk of danger lies within the sound discretion of the trial court.

Appellate Information

• Decided 12/17/2014
• Published 12/17/2014

Judges

• Detjen

Court

• California Court of Appeal

Counsel