People v. Lopez
Annotate this CaseDefendant has had a substance abuse problem since age 14, despite completing three substance abuse treatment programs between 1986 and 1997. He was convicted of theft in 1988 and incurred two burglary convictions in 1989. While serving a jail term, he escaped by force. In 1992, driving a stolen car and trying to evade police, defendant “rammed an occupied police car.” In 1996, defendant assaulted his girlfriend. When police arrived, he assaulted them. He was convicted of driving under the influence in 1989 and 1993. His performance on parole has been dismal. He is currently serving a “Three Strikes” sentence of 25 years to life for a 1998 conviction for possession of methamphetamine for sale. In 2013, he sought resentencing under Penal Code 1170.1261. Although defendant was “eligible” for resentencing, the court exercised its discretion to refuse because “resentencing the petitioner would pose an unreasonable risk of danger to public safety.” The court of appeal affirmed, rejecting arguments that: trial counsel was prejudicially deficient in failing to request a jury trial; section 1170.126 establishes an unrebutted presumption that he is entitled to resentencing; and remand was required because Proposition 47, which enacted section 1170.18 in 2014, changed the definition of “unreasonable risk of danger to public safety.”
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