P. v. Kook CA2/7
Defendant Fredrick Wayne Kook appeals from a postconviction order denying his petition for recall of sentence under Proposition 36, the Three Strikes Reform Act of 2012 (Proposition 36 or the Act) (Pen. Code, § 1170.126). The trial court denied the petition on the ground Kook committed a sexually violent offense, an enumerated exclusion under Proposition 36, making him ineligible for relief. Kook argues that because he was convicted for lewd or lascivious acts and not a sexually violent offense, the court erred by reviewing the trial transcript to make its finding that he committed a sexually violent offense. Kook also contends the trial court applied the wrong standard of proof and the evidence did not support the court’s conclusion. None of the arguments have merit. Accordingly, we affirm.
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