California Court of Appeal

In a Proposition 36 action, the trial court's denial of defendant's petition to recall his sentence and resentence him as a second strike offender is reversed. The Court held that a prior disqualifying conviction under Proposition 36 must occur prior to the inmate's conviction resulting in the inmate's indeterminate life sentence under the three strikes law. The Court remanded the case to determine whether resentencing defendant would pose an unreasonable risk of danger to public safety.

Appellate Information

• Published 2016/08/29

Judges

• PENA

Court

• California Court of Appeal

Counsel