California Court of Appeal

In a petition seeking resentencing under the Three Strikes Reform Act (Proposition 36) for defendant's life sentence, the trial court's denial of the petition on the ground that defendant would pose an unreasonable risk of danger to public safety is reversed. The Court held that the revised statutory language approved by voters in the Safe Neighborhoods and Schools Act (Proposition 47), narrowing the definition of 'unreasonable risk of danger to public safety,' applies to petitions that had already been adjudicated prior to its passage. The Court ordered the trial court to conduct a new hearing on defendant's petition.

Appellate Information

• Published 2016/06/24

Judges

• RUSHING

Court

• California Court of Appeal

Counsel