California Court of Appeal

Trial court's order denying defendant's petition for resentencing under Penal Code section 1170.126 based on the finding that release of defendant would present an unreasonable risk of danger to public safety is affirmed without prejudice as to defendant petitioning for relief under section 1170.18, where: 1) there was no abuse of discretion; 2) defendant sought rehearing on the basis that section 1170.18, as part of Proposition 47, changed the definition of "unreasonable risk of danger to public safety" as it applies to inmates petitioning for recall of their third-strike life sentence under section 1170.126, but Proposition 47 requires the filing of a petition for recall under section 1170.18(a); and 3) defendant may file the appropriate petition and the superior court must decide the threshold question whether he is eligible for resentencing.

Appellate Information

• Decided 01/05/2015
• Published 01/05/2015

Judges

• McIntyre

Court

• California Court of Appeal

Counsel