P. v. Baumer CA4/1
Defendant William Joseph Baumer appeals an order of the trial court in which the court denied Baumer's petition for recall of his sentence, filed pursuant to Penal Code section 1170.126, as enacted by Proposition 36, the Three Strikes Reform Act of 2012 (Proposition 36), in November 2012 by California voters. Baumer sought a recall of his sentence and resentencing on four counts. As to two of the counts, the trial court determined that although the offenses for which he was sentenced were eligible for resentencing under Proposition 36, Baumer nevertheless remained an unreasonable risk of danger to the public safety and was therefore not entitled to recall of his sentence on those counts. As to the other two counts, the trial court determined that Baumer was not eligible for recall of his sentence on these counts because he was armed with a deadly weapon during the commission of those offenses.
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