California Court of Appeal

In this case, the trial court exercised its discretion to deny defendant’s petition pursuant to Penal Code section 1170.126 to recall his indeterminate life sentence and resentence him. The judgment is affirmed, where: 1) the trial court exercised its discretion in denying defendant’s petition on grounds that he posed an unreasonable risk of danger to public safety; 2) the trial court could properly conclude that a reasonable person would not entertain the risk of defendant’s danger to public safety if his newfound focus on rehabilitation is not sustainable on release to the community; and 3) accordingly, the finding was not an abuse of discretion.

Appellate Information

• Decided 02/19/2015
• Published 02/19/2015

Judges

• Butz

Court

• California Court of Appeal

Counsel