People v. Conley
Annotate this CaseDefendant was convicted of driving under the influence of alcohol and related offenses. The trial court sentenced Defendant under the Three Strikes law to an indeterminate term of twenty-five years to life. While Defendant’s appeal was pending, voters enacted the Three Strikes Reform Act of 2012, which amended the law to reduce the punishment prescribed for certain third strike defendants. The court of appeals subsequently affirmed. Defendant petitioned for rehearing, requesting that he be resentenced under the new sentencing provisions of the Three Strikes law. The court denied relief. Defendant appealed, arguing that he was entitled to automatic resentencing under the revised penalty provisions of the Act without a determination by the trial court as to whether that resentencing would pose “an unreasonable risk of danger to public safety.” The Supreme Court affirmed, holding that prisoners presently serving indeterminate life sentences imposed under the prior version of the Three Strikes law, including those with nonfinal judgments, may seek resentencing under the Act, but subject to judicial determination of whether resentencing would pose an unreasonable danger to the public.
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