P. v. Thomas CA3
The trial court denied defendant Thomas Jenkins Thomas’s petition for recall of sentence under the Three Strikes Reform Act of 2012 (the Act) based on a finding that resentencing him would pose an unreasonable risk of danger to public safety. (Pen. Code, § 1170.126; further unidentified section references are to the Penal Code.) The court based its dangerousness finding on defendant’s prior convictions, which included crimes of violence, his commitment offenses, which involved a firearm, and defendant’s recent conduct while incarcerated, including a rule violation for possessing a cell phone.
Defendant contends on appeal that the Act is unconstitutionally vague because the term “unreasonable risk of danger to public safety” is not adequately defined. He also argues that even if sufficiently defined, the trial court abused its discretion in finding that he posed an unreasonable risk of danger to public safety, and that, at a minimum, he is entitled to resentencing on a
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