P. v. Jimmerson CA4/2
The Three Strikes Reform Act of 2012 (Proposition 36) permits third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies to petition for resentencing. (Pen. Code, § 1170.126 et seq.) If a petitioning offender satisfies the statute’s eligibility criteria, they are resentenced as a second strike offender “unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.” (§ 1170.126, subd. (f).) Defendant and appellant Bobby Joe Jimmerson appeals from an order denying his petition for recall and resentencing of his indeterminate sentence of 25 years to life for his current commitment offense of first degree residential burglary (§ 459) under section 1170.126, subdivision (f). Based on our independent review of the record, we find no error and affirm the order.
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