P. v. Smith CA4/2
In a prior appeal, this court directed the trial court to resentence defendant and appellant Brandon Lee Smith. (People v. Smith (Jan. 6, 2016, E061598) [nonpub. opn.] [2016 Cal.App.Unpub. LEXIS 129, *9].)
Prior to resentencing, the trial court denied defendant’s Proposition 47 petition. (Pen. Code, § 1170.18.) Defendant contends the trial court erred in denying his petition. In particular, defendant asserts the trial court erred in concluding that resentencing defendant posed an unreasonable risk of danger to public safety. (§ 1170.18, subd. (b).) We reverse the order with directions.
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