People v. Payne
Annotate this CaseThe Three Strikes Reform Act of 2012 (Proposition 36) created a post-conviction 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 enumerated in Penal Code 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, Payne, an inmate serving 25 years to life for conviction of a felony that was not violent (as defined by section 667.5(c)) or serious (1192.7(c)), sought to be resentenced. His 1996 conviction was based on leading police on a high speed chase, in a stolen car, after being seen stealing from a gas station; he had prior convictions for robbery and residential burglary. The trial court found he presented an unreasonable risk of danger to public safety. The court of appeal affirmed. Section 1170.126(f) does not create a presumption of resentencing. Recently enacted section 1170.18, subdivision (c) does not apply.
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