P. v. Smith CA4/3
This is the third opinion we have issued in this case. In 1998, in case No. G020521, we affirmed defendant Scott Anthony Smith’s 1996 judgment of conviction for possession of methamphetamine for sale and the transportation of methamphetamine in violation of Health and Safety Code sections 11378 and 11379. Because defendant had suffered five prior burglary convictions, he was sentenced to 25 years to life under the “Three Strikes” law. (Pen. Code, §§ 667, subds. (b)-(i); 1170.12; all further undesignated statutory references are to the Penal Code.)
In 2015, in case No. G048790, we affirmed the trial court’s denial of defendant’s petition under section 1170.126 (Proposition 36) to have his original sentence recalled and to be resentenced as a second strike offender. The court denied the petition after determining defendant was not entitled to relief because he had committed violent acts while incarcerated and thus presented a danger to the public.
Comments on P. v. Smith CA4/3