P. v. Howard CA2/5
This appeal is from an order denying a petition by defendant and appellant Ricky Howard for resentencing under Penal Code section 1170.126 and Proposition 36 (the “Three Strikes Reform Act,” hereafter “the Act”). Defendant was sentenced under the three strikes law in 2000 to an indeterminate term of 53 years to life following his convictions for receiving stolen property (§ 496, subd. (a)) and unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)), with true findings that defendant had suffered three prior robbery convictions (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), and had served three prior prison terms without remaining free of custody (§ 667.5, subd. (b)). The trial court denied the petition for resentencing, finding that defendant posed an unreasonable risk of danger to public safety.
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