P. v. Deets CA6
The trial court denied defendant Robert R. Deets’s petition to recall his indeterminate third strike sentence under Penal Code section 1170.126 (part of the Three Strikes Reform Act of 2012, enacted by the voters as Proposition 36), finding that defendant posed an unreasonable risk of danger to public safety. Defendant argues the definition of “unreasonable risk of danger to public safety” in Penal Code section 1170.18 (part of the Safe Neighborhoods and Schools Act of 2014, enacted by the voters as Proposition 47) applies to the Penal Code section 1170.126 risk of danger inquiry. Defendant alternatively contends that in order to find an unreasonable risk of danger to public safety under Penal Code section 1170.126, the court was required to find that he posed an unreasonable risk of committing a serious or violent felony. And defendant argues that under any standard of dangerousness, the trial court abused its discretion by ignoring, misunderstanding, and misstating evidence
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