P. v. Eichler CA3
Defendant Dwayne Allen Eichler’s petition for resentencing pursuant to Penal Code section 1170.126 is before this court a second time. In his first appeal, we found the trial court’s denial of his resentencing petition was an abuse of discretion because the trial court mistakenly believed defendant would not be subject to postrelease community supervision (PRCS) if the resentencing petition was granted. We remanded the case for the trial court to consider the petition in light of our opinion identifying this error.
On remand, the trial court reaffirmed its original denial. Defendant appeals from the denial, contending the court abused its discretion by relying on the probation officer’s testimony that he presented as a high risk on PRCS to compel a finding that resentencing presented an unreasonable risk to public safety. We shall affirm.
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