P. v. Spiller CA5
In 1998, defendant Thomas Lee Spiller was sentenced to 25 years to life pursuant to the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). In 2013, he filed a petition to recall his sentence pursuant to the Three Strikes Reform Act of 2012 (the Act) (§ 1170.126, subd. (b)). The trial court denied his petition. We reversed and remanded. The trial court again denied defendant’s petition. We reversed and remanded a second time. The trial court again denied defendant’s petition, finding that defendant’s release “would result in [an] unreasonable risk of danger to public safety.” (Capitalization omitted.) Now, in defendant’s third appeal, defendant contends the trial court abused its discretion in denying the petition. The People disagree. We affirm.
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