P. v. Mizner CA6
Defendant Anthony Robert Mizner appeals from an order denying his petition for resentencing of his conviction for possession of methamphetamine (Health and Saf. Code, § 11377, subd. (a)) as a misdemeanor under Penal Code section 1170.18. Defendant was sentenced as a third strike offender to a prison term of 27 years to life, which consisted of a 25-year to life term imposed under the Three Strikes law plus two years for prior prison term enhancements (§ 667.5, subd. (b)).On appeal, defendant asserts that the trial court erred in placing the burden of proof on him and that the trial court abused its discretion in finding that resentencing him posed an unreasonable risk of danger that he would commit a homicide. We find no error or abuse of discretion and affirm the order denying defendant’s petition for resentencing.
Comments on P. v. Mizner CA6