P. v. Sterns CA5
Appellant Phillip Herbert Sterns is serving life sentences in two Kern County Superior Court cases, numbers SC075046A and SC075100A. He appeals an order from the superior court that denied his applications for resentencing in both cases pursuant to Proposition 36, the Three Strikes Reform Act of 2012 (Proposition 36). In case number SC075046A, the superior court determined that appellant was not eligible for resentencing because he had been armed with a deadly weapon at the time of the underlying offense. In case number SC075100A, the court ruled that appellant was eligible for resentencing but denied the petition, determining his release would pose an unreasonable risk of danger to public safety.
On appeal, appellant argues he is eligible for resentencing in both cases and the trial court erred. He further contends that the definition of “unreasonable risk of danger to public safety” must be analyzed under Proposition 47, the Safe Neighborhoods and Schools Act, and not Prop
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