P. v. Fernadez CA2/4
Appellant Rodney Fernandez challenges the trial court’s order denying his petition for resentencing pursuant to Penal Code section 1170.126 (Proposition 36). He contends that Proposition 36 created a due process liberty interest in resentencing, as well as a rebuttable presumption in favor of resentencing. He also contends that the standard guiding the trial court’s discretion—whether the petitioner poses an “unreasonable risk of danger to public safety”—is void for vagueness, and that the trial court abused its discretion in determining that he posed such a risk. We affirm.
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