P. v. Carroll CA2/7
Defendant Tremaine Deon Carroll appeals from an order denying his petition to recall his sentence and to be resentenced under Proposition 36, the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126). The trial court denied the petition based on a finding that resentencing Carroll would pose an unreasonable risk of danger to public safety. (Id., subd. (f).) Carroll contends the court committed legal error in making that finding because it failed to apply the definition of “‘unreasonable risk of danger to public safety’” contained in Proposition 47, the Safe Neighborhoods and Schools Act of 2014 (§ 1170.18, subd. (c)).
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