P. v. Britten
In July 2013, Vernon Britten filed a petition to recall his sentence under Penal Code section 1170.126, a provision of the Three Strikes Reform Act of 2012, which was enacted pursuant to Proposition 36 (the Act or Proposition 36).[1]In October 2014, the trial court denied Britten’spetition on the ground that releasing himfrom prison would pose an unreasonable risk of danger to public safety.
In November 2014, Britten filed a second petition to recall his sentence under the Act based on the theory that the criteria for assessing whether a defendant poses an unreasonable risk of danger to public safetychanged in November 2014, after California voters approved Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47). On the same ground, Britten sought reconsideration of his first petition. The trial court denied Britten’s second petition and his motion for reconsideration.
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