California Court of Appeal

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People v. Flores, 040327

In a criminal petition for resentencing of a 'Three Strikes' sentence, brought by defendant under Penal Code section 1170.126, the denial of the petition by the trial court was affirmed where: 1) defendant was eligible for resentencing; but 2) Penal Code section 1170.126 creates no presumption in favor of parole; 3) the court did not abuse its discretion in denying the petition based on finding defendant posed an unreasonable risk of danger to public safety; and 4) there is no requirement that dangerousness be established beyond a reasonable doubt.

Appellate Information

  • Decided
  • Published 2016/03/25

Judges

  • PREMO

Court

  • California Court of Appeal

Counsel