P. v. Hodge CA2/5
Defendant, Alan Eugene Hodge, was convicted in 1996 of cocaine possession. (Health & Saf. Code, § 11350, subd. (a).) Because he had sustained three prior convictions within the meaning of sections 667, subdivision (d) and 1170.12, subdivision (b), he was sentenced to 25 years to life in state prison. He is currently 60 years old and has been incarcerated for 20 years. He appeals from an order denying his Penal Code section 1170.126, subdivision (b) resentencing petition. The parties agree defendant was eligible for resentencing. (§ 1170.126, subd. (e).) However, the trial court found he posed an unreasonable risk of danger to public safety. (§ 1170.126, subd. (f).) We find no abuse of discretion and affirm the order denying the resentencing petition.
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