P. v. Wright CA2/5
Defendant Glenn Wright (defendant) was convicted on two counts of second degree burglary, and 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. We affirmed the denial of defendant’s Proposition 36 petition in a prior opinion, relying on the more permissive dangerousness standard that applies to Proposition 36 cases as contrasted with the Proposition 47 standard, namely, whether a defendant poses an unreasonable risk of committing certain especially serious or violent felonies. In this appeal from the denial of defendant’s Proposition 47 petition, we conclude the difference in the two statutory standards is dispositive—under the restrictive standard of dangerousness that applies, defendant’s Propositi
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