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Name: People v. Davis
Case #: A139111
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 02/26/2015
Subsequent History: Review granted 6/10/2015: S225603

Trial court's determination that an inmate would pose an "unreasonable risk of danger to public safety" if resentenced under the Three Strikes Reform Act (Prop. 36) is reviewed under the abuse of discretion standard. Davis was sentenced to a life term under the Three Strikes Law for being a felon in possession of a firearm. After voters passed the Reform Act, he filed a petition for resentencing. The trial court denied his petition after concluding that, if resentenced, Davis would pose an unreasonable risk of danger to public safety. Davis appealed. Held: Affirmed. A trial court has considerable discretion to…

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Name: People v. Lynall
Case #: H041737
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/29/2015

Court of Appeal has jurisdiction where a defendant was charged with a felony and the offense was ultimately reduced to a misdemeanor pursuant to Proposition 47 as part of plea negotiations. An information charged Lynall with felony possession of methamphetamine (Health & Saf. Code, § 11377) and two misdemeanors. Shortly thereafter, Proposition 47 passed and the trial court amended the information to reflect that the methamphetamine possession charge "is now, by operation of law a misdemeanor." Lynall then pled guilty to that offense and the two other misdemeanors were dismissed. The court imposed a conditional sentence with Proposition 36…

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Name: People v. Rivera
Case #: H041742
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/29/2015

Court of Appeal has jurisdiction over case in which appellant was charged with a felony offense and then later resentenced as a misdemeanant under Penal Code section 1170.18 (Prop. 47). Rivera pled no contest to felony possession of a controlled substance (Health & Saf. Code, § 11350) and was placed on probation. During a probation violation proceeding, the court imposed a 16-month term on the felony possession offense. The court then granted Rivera's petition for resentencing under Proposition 47, designated his offense as a misdemeanor, and imposed a jail sentence. Rivera appealed and the Court of Appeal requested briefing…

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Name: People v. Aparicio
Case #: D064995
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/05/2015
Subsequent History: Review granted 3/25/2015: S224317

Abuse of discretion standard applies when reviewing appeal from denial of Three Strikes Reform Act (Prop. 36) resentencing based on trial court's finding that petitioner's release would present an unreasonable risk of danger to public safety. In 1997, Aparicio was sentenced to a life term under the Three Strikes law for a burglary. He had a number of prior offenses and, since 1998, he had nine write-ups while incarcerated, including for engaging in combat with other inmates and for pinching and grabbing a female prison employee. In 2013, the trial court denied Aparicio's petition for recall of the sentence…

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Name: People v. Noyan
Case #: C074049
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/17/2014

The prison sentence mandated for bringing alcohol or a noncontrolled substance into a custodial facility violates equal protection because a person convicted of bringing a controlled substance into such a facility receives a jail term. Noyan was charged with a number of offenses in four different cases. Initially probation was granted but it was ultimately revoked. He was sentenced to state prison because one offense, bringing alcohol or noncontrolled substances into the county jail (Pen. Code, § 4573.5) was not eligible for a county jail term. He appealed. Held: Reversed. As amended by the 2011 Realignment Act, section 4573, which…

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Name: People v. Chaney
Case #: C073949
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/29/2014
Subsequent History: Review granted 2/18/2015: S223676

Proposition 47's new definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) does not apply retroactively to an appeal from a Proposition 36 resentencing denial. Chaney was sentenced under the Three Strikes Law to 25 years to life. After the Three Strikes Reform Act passed, he petitioned for resentencing, but the superior court denied relief on the basis that he posed an unreasonable risk of danger to public safety. (Pen. Code, § 1170.126, subd. (g).) Chaney appealed and the Court of Appeal affirmed. Shortly thereafter, California voters enacted Proposition 47, which included a new…

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Name: People v. Valencia
Case #: F067946
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/16/2014
Subsequent History: Review granted 2/18/2015: S223825

Definition of "unreasonable risk of danger to public safety" contained in Proposition 47 (Pen. Code, § 1170.18, subd. (c)) does not apply to resentencing proceedings under the Three Strikes Reform Act (Prop. 36). Valencia, who was serving a 25-years-to-life sentence under the Three Strikes law, petitioned for resentencing after passage of the Reform Act. Although the trial court found that his current conviction was not a serious or violent felony, the court denied his petition after concluding that Valencia posed an unreasonable risk of danger to public safety. While Valencia's appeal was pending, the voters enacted Proposition 47. Among other…

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