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P. v. Nolkemper CA2/5
The trial court determined defendant Henry Nolkemper, although eligible to have her three strikes prison sentence reduced under Penal Code section 1170.126, the Three Strikes Reform Act of 2012 (Proposition 36), posed an unreasonable risk of danger to public safety and denied the petition to reduce her sentence. Defendant argues the trial court applied the wrong standard to determine she posed an unreasonable risk of danger to public safety and abused its discretion by admitting and considering her prison disciplinary record and faulting her for not participating in rehabilitative programs designed to facilitate an eventual transition out of the prison system. The trial court applied the correct legal standard to determine defendant posed an unreasonable risk of danger to public safety. Defendant forfeited the challenge to the trial court’s admission of, and reliance on, evidence of her prison disciplinary record.

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