P. v. Huffman CA1/4
This appeal is from an order denying appellant’s petition to recall his sentence under Penal Code section 1170.126, a provision of the Three Strikes Reform Act of 2012 that was enacted pursuant to Proposition 36 (the Act or Proposition 36). Proposition 36 “created a postconviction release proceeding whereby a prisoner who is serving an indeterminate life sentence imposed pursuant to the three strikes law for a crime that is not a serious or violent felony and who is not disqualified, may have his or her sentence recalled and be sentenced as a second strike offender unless the court determines that resentencing would pose an unreasonable risk of danger to public safety. (§ 1170.126.)” (People v. Yearwood (2013) 213 Cal.App.4th 161, 168.) In the present case, appellant contends the trial court erred by finding that resentencing him under the Act would create an unreasonable risk of danger to public safety. We affirm the challenged order.
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