California Court of Appeal

Defendant appeals from the trial court's denial of his petition to recall his prison sentence under the Three Strikes Reform Act added by Proposition 36. The judgment is affirmed, where: 1) the definition of "unreasonable risk of danger to public safety" contained in Penal Code section 1170.18(c) of proposition 47 does not apply to a petition under Proposition 36; and 2) the trial court did not abuse its discretion by denying the petition brought under Proposition 36, as, based upon its review of the record, the court found that defendant's release would present an unreasonable risk of danger to public safety within the meaning of section 1170.126.

Appellate Information

• Decided 04/02/2015
• Published 04/02/2015

Judges

• Fybel

Court

• California Court of Appeal

Counsel