P. v. McCurry CA3
Defendant Jay McCurry appeals from the trial court’s denial of his petition under Proposition 47 for recall of the felony sentence imposed on his burglary conviction and for resentencing to a misdemeanor term for shoplifting. (Pen. Code, § 1170.18, subd. (a).) The trial court concluded resentencing defendant would pose an unreasonable risk of danger to public safety, i.e., an unreasonable risk that he will commit one of the “super strikes” listed in section 667, subdivision (e)(2)(C)(iv), one of which is “[a]ny serious and/or violent felony offense punishable in California by life imprisonment or death.” (§ 667, subd. (e)(2)(C)(iv)(VIII).) The trial court reasoned that because of defendant’s drug abuse and criminal history, including three juvenile strike adjudications, he posed an unreasonable risk of committing another strike “of any variety” that would qualify him for a life sentence under the three strikes law. In other words, under the trial court’s reaso
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