People v. Losa
Annotate this CaseThe Three Strikes Reform Act of 2012 (Proposition 36) created a release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate meets the criteria of Penal Code section 1170.126(e), he will be resentenced as a second strike offender unless the court determines such resentencing would pose an unreasonable risk of danger to public safety. After the Act went into effect, defendant, serving a term of 25 years to life following conviction of possessing methamphetamine and marijuana, that was not violent (as defined by section 667.5(c)) or serious (section 1192.7(c)), sought recall of sentence and resentencing under the Act. Considering his criminal and disciplinary history, the trial court found resentencing would present an unreasonable risk of danger to public safety and denied the petition. The court of appeal affirmed, finding that the government met its burden of proving, by a preponderance of the evidence, facts on which a finding of unreasonable risk of danger reasonably can be based. Recently-enacted section 1170.18(c) does not modify section 1170.126(f). The court rejected defendant’s equal protection claim.
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