P. v. Rodriguez CA2/7
Anthony Castro Rodriguez appeals from an order denying his petition under Proposition 47, the Safe Neighborhoods and Schools Act, to reclassify his felony conviction for petty theft with a prior theft-related conviction (Pen. Code, § 666) as a misdemeanor. The trial court denied the petition on the ground Rodriguez currently poses an unreasonable risk of danger to public safety under section 1170.18, subdivisions (b) and (c).
Rodriguez argues that the trial court’s denial of his petition was an abuse of discretion and violated his due process and equal protection rights. He also argues the trial court erred in failing to rule on his petition under Proposition 36, the Three Strikes Reform Act, for recall of his sentence and resentencing as a second strike offender. We affirm.
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