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P. v. Hardy CA5
Appellant Glenn Edward Hardy appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1170.126 (Proposition 36) with respect to his 2007 second degree burglary conviction (§§ 459, 460, subd. (b)). On appeal he contends: (1) the court erred when it denied his petition for resentencing pursuant to section 1170.126 with respect to this conviction; and (2) the court erred by its failure to apply section 1170.18’s (Proposition 47) definition of “unreasonable risk of danger to public safety” in ruling on his petition. We affirm.

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