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P. v. Wright CA2/5
In 1995, a jury convicted defendant Glenn Wright (defendant) on two counts of second degree burglary. As a third strike offender, he was sentenced to fifty years to life in prison. Many years later, defendant filed Proposition 36 and Proposition 47 petitions to recall his sentence. The trial court denied both petitions based on its finding that resentencing defendant would pose an unreasonable risk of danger to public safety. Appealing the trial court’s ruling on his Proposition 36 petition in this case, defendant’s opening brief argued Proposition 47 enacted a more restrictive definition of “unreasonable risk of danger to public safety” that governed petitions filed under Proposition 36, and the trial court wrongly concluded defendant posed a danger under that heightened Proposition 47 standard. efendant’s reply brief concedes that argument is no longer viable after our Supreme Court’s decision in People v. Valencia (2017) 3 Cal.5th 347 (Valencia).

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