P. v. Mueck
Defendant Steven Werner Mueck, an inmate serving 25 years to life in prison following conviction of a felony that was not violent (as defined by Pen. Code, §667.5, subd. (c)) [1] or serious (as defined by § 1197.2, subd. (c)), filed a petition pursuant to Proposition 36, the Three Strikes Reform Act of 2012, to have his sentence recalled and to be resentenced. (§ 1170.126, subd. (b).) The Proposition 36 court denied the petition, finding resentencing defendant would pose an unreasonable risk of danger to public safety. Defendant’s sole contention on appeal is that the Proposition 36 court erred in denying his petition because it refused to apply the definition of “ ‘unreasonable risk of danger to public safety’ ” (§ 1170.18, subd. (c)) in Proposition 47, the Safe Neighborhoods and Schools Act (§ 1170.18, subd. (c)),[2] in considering his Proposition 36 petition.
We shall conclude that Proposition 47’s definition of “unreasonable risk of danger to publ
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