California Court of Appeal

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People v. Buford, 069936

In a petition filed by an inmate serving a term of 25 years to life in prison following conviction of a felony that was not violent (as defined by Pen. Code section 667.5(c)) or serious (as defined by Pen. Code section 1192.7(c)) pursuant to the Three Strikes Reform Act of 2012 (Proposition 36) to his petitioner's sentence recalled and to be resentenced, the denial of the petition, on grounds that resentencing would pose an unreasonable risk of danger to public safety, is affirmed where: 1) the People have the burden of proving, by a preponderance of the evidence, facts on which a finding that resentencing a petitioner would pose an unreasonable risk of danger to public safety reasonably can be based; 2) the preponderance of the evidence standard does not apply to the trial court's determination regarding dangerousness, nor does section 1170.126(f), create a presumption in favor of resentencing; and 3) section 1170.18(c) does not modify section 1170.126(f).

Appellate Information

  • Decided
  • Published 2016/10/27

Judges

  • DETJEN

Court

  • California Court of Appeal

Counsel