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Name: People v. Garcia (2024) 101 Cal.App.5th 848
Case #: B326131
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/01/2024
Summary

At an SB 483 resentencing hearing, the trial court did not abuse its discretion by concluding that a lesser sentence would endanger public safety under PC 1172.75(d)(1). At defendant’s resentencing, the superior court dismissed the prior prison term enhancements but resentenced defendant to the same sentence by imposing a firearm enhancement that had been previously stricken. The court’s determination that defendant continued to pose a threat to public safety was supported by the nature of the offense (an armed robbery in which defendant fired his gun), defendant’s multiple prior felony convictions of increasing seriousness, his failure to appear for sentencing, and his participation just two-and-a-half years after his sentencing in a prison riot in which he beat another inmate.

The full opinion is available on the court’s website here:  https://www.courts.ca.gov/opinions/documents/B326131.PDF